IC-NRLF 


SB    50 


_,EVISION  OF  1917. 


STATE  OF  MICHIGAN 


GENERAL   SCHOOL   LAWS 


WITH  AN  APPENDIX  OF  BLANK  FORMS 


COMPILED    UNDER    THE    SUPERVISION    OF 

COLEMAN    C.    VAUGHAN 

SECRETARY   OF   STATE 


BY  AUTHORITY 


LANSING,  MICHIGAN 

WYNKOOP  HALLENBECK  CRAWFORD  CO.,  STATE  PRINTERS 

1917 


EXCHANGE 


REVISION  OF  1917. 


STATE  OF  MICHIGAN 


GENERAL   SCHOOL   LAWS 


c, 

a  iM\ia 


WITH  AN  APPENDIX  OF  BLANK  FORMS 


COMPILED    UNDER    THE     SUPERVISION    OF 

COLEMAN    C.    VAUGHAN 

SECRETARY  OF   STATE 


BY  AUTHORITY 


LANSING,  MICHIGAN 
WYNKOOP  HALLENBECK  CRAWFORD  CO.,  STATE   PRINTERS 

1917 


it 


CONTENTS. 


CONSTITUTIONAL    PROVISIONS. 

Sections. 

Article  X. — Finance  and   taxation   1-2 

Article  XL— Education   3-17 

STATUTORY    PROVISIONS. 

Election  of  state  board  of  education  18 

Election  of  superintendent  of  public  instruction   18 

Primary  school  system — 

Superintendent  of  public  instruction    19-25 

Formation,  alteration,  meetings  and  powers  of  districts  26-45 

District  boards  and  officers   46-71 

Township  officers '. 72-86 

County  clerk  and  treasurer 87-89 

Bonded  indebtedness  of  districts    90-93 

Per  capita  tax  authorized,  certain  districts 94 

Suits  and  judgments  against  districts  95-101 

Sites  for  schoolhouses  102-116 

Appeals  from  action  of  township  board  117-119 

Graded  school  districts    120-125 

Libraries    126-138 

Penalties  and  liabilities   139-146 

Free  public  libraries   147-154 

County  libraries    155-158 

Boards  of  education  for  certain  cities 159-184 

Division  of,  or  changing  of  boundaries  of  primary  school  districts  185-186 

Consolidation  of  districts  in  annexed  territory 187-192 

Division  of  city  school  districts  into  election  precincts 193-210 

Miscellaneous  provisions  relative  to  education  in  the  schools — 

Free  text   books 211-216 

Regulation  of  sale  of  textbooks  217-227 

System  of  humane  education    228-230 

Kindergarten   method    231-234 

Qualifications  of  kindergarten,  music  and  drawing  teachers 235-237 

Teaching  of  dangerous  communicable  diseases 238-239 

Optional  course  of  military  training  in  high  schools 240-241 

Fire  drills  in  public  schools   242 

Publication  of  the  proceedings  of  annual  school  meetings 243-244 

Purchase  and  display  of  United  States  flag 245 

Designating  days  to  be  observed  as  holidays  in  the  public  schools  246-247 

Returns  from  incorporated  institutions   248 

State   teachers'    certificates 249-255 

County  commissioners  and  school  examiners   256-267 

Examination  of  candidates  for  admission  to  agricultural  college 268-269 

Meeting  of  school  officers  of  county 270-272 

Township  school  districts   273-277 

Township  school  districts  in  upper  peninsula  278-313 

Boundaries  of  school  districts  in  cities   .  314-317 


381338 


CONTENTS 


Sections. 

Classification  of  certain  school  districts  318-344 

Teachers'  institutes   345-352 

Bureau  of  information  in  office  of  superintendent  of  public  instruction. .  353-354 

Compulsory  education   355-360 

Compulsory  education  of  deaf  children  361-363 

Compulsory  education  of  blind  children   364-365 

Care  and  instruction  of  blind  babies 366-370 

Miscellaneous  offenses — Crime  and  truancy — Delinquency  of  children  . .  371-374 

Protection   of  children 375 

Employment   of   children 376 

Fraternities,  sororities,  etc.,  among  public  school  pupils,  abolished 377-379 

Teachers'  associations  380-382 

Retirement  fund  for  teachers  383-396 

State  accounts — Safe  keeping  of  public  moneys   397-404 

Apportionment  of  dog  tax    405-406 

State  board  of  education  407-424 

State  normal    schools    425-434 

Providing  for  physical  training  in  state  normal  schools  and  certain  city 

districts 435 

Providing  advanced  courses  of  study  to  high  school  graduates  in  certain 

districts 436 

Granting  of  diplomas  by  state  board  of  education  in  connection  with 

state  normal  schools    437 

Loan  funds  for  students 438-444 

State  library  commission    445-448 

Publication  and  distribution  of  laws  and  public  documents    449-453 

Rural  high  schools  454-461 

Annual    reports    by   librarians    462-463 

Payment  of  tuition  of  eighth  grade  pupils  464-467 

Payment  of  tuition  outside  of  district    468 

Children  of  indigent  parents,  attendance  at  school  provided  for 469-472 

County  normal  training  classes    473-479 

School  districts  empowered  to  establish  trade,  etc.,  schools  and  accept 

gifts,  etc 480-481 

Acquisition  of  lands  outside  district  limits  for  trade  schools,  athletic 

fields,   etc 482 

County  schools  of  agriculture,  manual  training,  etc 483-492 

Rural  agricultural  schools,  establishment 493-511 

Encouragement  of  improved  methods  of  farm  management 512 

Legislative  assent  to  grant  of  moneys  from  U.  S.. .- 513-521 

Day  schools  for  the  deaf  522-527 

Payment    of    sub-contractors 528-531 

Cities  of  the  fourth  class— School  districts,  and  board  of  education 532-537 

Sale  of  tax  homestead  lands  for  school  sites 538 

Approval  of  plans  for  school  buildings   539-541 

School  bonds   542-544 

Fire  protection  in  the  schools    545 

Establishment,  etc.,  of  highway  to  school  building   546 

Instruction  and  training  of  juvenile  delinquents 

Authorizing  operation   of  public  recreation  and  playgrounds    548-551 

Authorizing  use  of  school  houses  as  community  or  recreation  centers..  552 
Appendix — Forms  for  proceedings  under  the  school  laws. 

NOTE. — The  section  numbers  in  parentheses  (  ),  are  compilers'  sections,  and  are  con- 
secutive throughout  this  compilation.  Section  numbers  of  the  compiled  laws  of  1915 
precede  each  section,  and  are  indicated  by  the  section  mark  (§).  Notes  following  the  sec- 
tions indicate  the  amendments,  supreme  court  decisions,  etc.  Annotated  with  supreme 
court  decisions  to  and  including  the  188th  Mich,  report.  The  character  /  is  used  in  citing 
cases,  to  avoid  the  repetition  of  Mich. 


GENERAL 

SCHOOL  LAWS  OF  MICHIGAN. 


CONSTITUTIONAL  PROVISIONS. 


ARTICLE  X. 

FINANCE    AND   TAXATION. 

(1)  SECTION  1.     All  subjects  of  taxation  now  contributing  to  the 
primary  school  interest  fund  under  present  laws  shall  continue  to  con- 
tribute to  that  fund,  and  all  taxes  from  such  subjects  shall  be  first  ap- 
plied in  paying  the  interest  upon  the  primary  school,  university  and 
other  educational  funds  in  the  order  herein  named,  after  which  the  sur- 
plus of  such  moneys  shall  be  added  to  and  become  a  part  of  the  primary 
school  interest  fund. 

(2)  SEC.  2.    The  legislature  shall  provide  by  law  for  an  annual  tax 
sufficient  with  other  resources  to   pay  the  estimated  expenses  of  the 
state  government,  the  interest  on  any  state  debt  and  such  deficiency  as 
may  occur  in  the  resources. 

Under  the  sections  of  the  constitution  providing  for  uniformity  of  taxation  and  conferring 

nrer  on  the   legislature  to  levy  a  state  tax,  etc.,  on  cash  valuation   of  property   (Art.  10, 
2,  3,  7),  the  state  may  authorize  the  review  of  valuations  and  assessments  by  the  board 
of  state  tax  commissioners. — Attorney  General  v.  Board  of  Supervisors  of  Midland  County, 
178  /  513. 

ARTICLE  XL 

EDUCATION. 

(3)  SECTION  1.    Religion,  morality  and  knowledge  being  necessary  to 
good  government  and  the  happiness  of  mankind,  schools  and  the  means 
of  education  shall  forever  be  encouraged. 

It  was  the  "intent  of  the  constitution  to  separate  the  school  organization  from  the  general 
municipal  government.  Though  municipal  corporations,  organized  for  the  same  purposes, 
with  like  powers  and  duties,  cannot  exist  in  the  same  territory,  those  having  different  pur- 
poses, rights  and  duties,  may,  and  often  do,  occupy  the  same  territory. — Attorney  General 
v.  Thompson,  168  /  511.  The  language  of  this  section  is  from  the  ordinance  of  1787.  The  re- 
assertion  of  this  doctrine  after  the  lapse  of  more  than  a  century  and  a  quarter,  coupled  with 
the  fact  that  legislation  in  this  state  upon  the  subject  of  education  has  from  the  beginning 
been  of  the  most  liberal  character,  indicates  a  settled  purpose  on  the  part  of  the  state  to 
provide,  foster  and  protect  educational  facilities  for  all. — Dennis  v.  Wrigley,  175/621,  625. 


STATE    OP   MICHIGAN. 


(4)  SEC.  2.    A  supor.intcr.de*it  ef  public  instruction  shall  be  elected 
at  the  regular  election  to"  be  rhel<l  #n  the  first  Monday  in  April,  nineteen 
hundred  nine,  and  every  second  year  thereafter.     He  shall  hold  office 
for  a  period  of  two  years  from  the  first  day  of  July  following  his  election 
and  until  his  successor  is  elected  and  qualified.   He  shall  have  general 
supervision  of  public  instruction  in  the  state.     He  shall  be  a  member 
and  secretary  of  the  state  board  of  education.     He  shall  be  ex-officio 
a  member  of  all  other  boards  having  control  of  public  instruction  in  any 
state  institution,  with  the  right  to  speak  but  not  to  vote.      His  duties 
and  compensation  shall  be  prescribed  by  law. 

(5)  SEC.  3.    There  shall  be  a  board  of  regents  of  the  university,  con- 
sisting of  eight  members,  who  shall   hold   the    office   for   eight   years. 
There  shall  be  elected  at  each  regular  biennial  spring  election  two  mem- 
bers of  such  board.    When  a  vacancy  shall  occur  in  the  office  of  regent 
it  shall  be  filled  by  appointment,  of  the  governor. 

(6)  SEC.  4.     The  regents  of  the  university  and  their  successors  in 
office  shall  continue  to  constitute  the  body  corporate  known  as  "The 
Eegents  of  the  University  of  Michigan." 

(7)  SEC.  5.    The  regents  of  the  university  shall,  as  often  as  necessary, 
elect  a  president  of  the  university.   The  president  of  the  university  and 
the  superintendent  of  public  instruction  shall  be  ex-officio  members  of 
the  board  of  regents,  with  the  privilege  of  speaking  but  not  of  voting. 
The  president  shall  preside  at  the  meetings  of  the  board  and  be  the 
principal  executive  officer  of  the  university.    The  board  of  regents  shall 
have  the  general  supervision  of  the  university  and    the   direction   and 
control  of  all  expenditures  from  the  university  funds. 

Under  this  provision  the  board  of  regents  has  independent  control  of  the  affairs  of  the 
university. — Regents  v.  Auditor  General,  167  /  444.  Neither  the  legislature,  nor  any  officer  or 
board  of  this  state,  may  interfere  with  the  control  and  management  of  the  affairs  and 
property  of  the  university,  although  In  making  appropriations  for  its  support  the  legislature 
may  attach  any  conditions  it  may  deem  expedient  and  wise,  and  the  appropriation  cannot  be 
received  without  complying  with  the  conditions. — Agler  v.  Mich.  Agricultural  College,  181  / 
559. 

(8)  SEC.  6.    The  state  board  of  education  shall  consist  of  four  mem- 
bers.   On  the  first  Monday  in  April,  nineteen  hundred  nine,  and  at  each 
succeeding  biennial  spring  election,  there  shall  be  elected  one  member 
of  such  board  who  shall  hold  his  office  for  six  years  from  the  first  day 
of  July  following  his  election.     The    state    board    of    education    shall 
have  general  supervision  of  the  state  normal  college  and  the  state  nor- 
mal schools,  and  the  duties  of  said  board  shall  be  prescribed  by  law. 

(9)  SEC.  7.    There  shall  be  elected  on  the  first  Monday  in  April,  nine- 
teen hundred  nine,  a  state  board  of  agriculture  to  consist  of  six  mem- 
bers, two  of  whom  shall  hold  the  office  for  two  years,    two    for   four 
years  and  two  for  six  years.    At  every  regular  biennial  spring  election 
thereafter,  there  shall  be  elected  two  members  whose  term  of  office  shall 
be  six  years.     The  members  thus  elected  and  their  successors  in  office 
shall  be  a  body  corporate  to  be  known  as  "The  State  Board  of  Agri- 
culture." 

(10)  SEC.  8.     The  state  board  of  agriculture  shall,  as  often  as  nec- 
essary, elect  a  president  of  the  agricultural  college,  who  shall  be  ex- 
officio  a  member  of  the  board  with  the  privilege  of  speaking  but  not  of 
voting.    He  shall  preside  at  the  meetings  of  the  board  and  be  the  princi- 


GENERAL    SCHOOL   LAWS. 


pal  executive  officer  of  the  college.  The  board  shall  have  the  general 
supervision  of  the  college,  and  the  direction  and  control  of  all  agricul- 
tural college  funds ;  and  shall  perform  such  other  duties  as  may  be  pre- 
scribed by  law. 

The  state  board  of  agriculture  has  exclusive  control  of  the  general  funds  of  the  Michigan 
agricultural  college. — Bauer  v.  State  Board  of  Agriculture,  164/415. 

The  constitutional  powers  of  the  state  board  of  agriculture  with  respect  to  the  college 
and  its  funds  are  the  same  as  those  of  the  board  of  regents  of  the  university  with  respect 
to  the  university  and  its  funds. — State  Board  of  Agriculture  v.  Auditor  General,  180/349, 
359 ;  Agler  v.  Mich.  Agricultural  College,  181  /  559,  561.  See  note  to  section  7. 

(11)  SEC.  9.     The  legislature   shall    continue   a   system   of   primary 
schools,  whereby  every  school  district  in  the  state  shall  provide  for  the 
education  of  its  pupils  without  charge  for  tuition;  and  all  instruction  in 
such  schools  shall  be  conducted  in  the  English  language.    If  any  school 
district  shall  neglect  to  maintain  a  school  within  its  borders  as  pre- 
scribed by  law  for  at  least  five  months  in  each  year,  or  to  provide  for 
the  education  of  its  pupils  in  another  district  or  districts  for  an  equal 
period,  it  shall  be  deprived  for  the  ensuing  year  of  its  proportion  of  the 
primary  school  interest  fund.   If  any  school  district  shall,  on  the  second 
Monday  in  July  of  any  year,  have  on  hand  a  sufficient  amount  of  money 
in  the  primary  school  interest  fund  to  pay  its  teachers  for  the  next  en- 
suing two  years  as  determined  from  the  pay  roll  of  said  district  for  the 
last  school  year,  and  in  case  of  a  primary  district,  all  tuition  for  the 
next  ensuing  two  years,  based  upon  the  then  enrollment  in  the  seventh 
and  eighth  grades  in  said  school  district,  the  children  in  said  district 
shall  not  be  counted  in  making  the  next  apportionment    of    primary 
school  money  by  the  superintendent  of  public  instruction ;  nor  shall  such 
children  be  counted  in  making  such  apportionment  until  the  amount 
of  money  in  the  primary  school  interest  fund  in  said  district  shall  be 
insufficient  to  pay  teachers'  wages  or  tuition  as  herein  set  forth  for  the 
next  ensuing  two  years. 

As  proposed  by  concurrent  resolution  No.  1,  Public  Acts  of  1911,  pages  537-8 ;  ratified 
April  3,  1911. 

(12)  SEC.  10.    The  legislature  shall  maintain  the  university,  the  col- 
lege of  mines,  the  state  agricultural  college,  the  state  normal  college 
and  such  state  normal  schools  and  other  educational  institutions  as 
may  be  established  by  law. 

(13)  SEC.  11.     The  proceeds  from  the  sales  of  all  lands  that  have 
been  or  hereafter  may  be  granted  by  the  United  States  to  the  state  for 
educational  purposes  and  the  proceeds  of  all  lands  or  other  property 
given  by  individuals  or  appropriated  by  the  state  for  like  purposes  shall 
be  and  remain  a  perpetual  fund,  the  interest  and  income  of  which,  to- 
gether with  the  rents  of  all  such  lands  as  may  remain  unsold,  shall  be 
inviolably  appropriated  and  annually  applied  to  the  specific  objects  of 
the  original  gift,  grant  or  appropriation. 

(14)  SEC.  12.    All  lands,  the  titles  to  which  shall  fail  from  a  defect 
of  heirs,  shall  escheat  to  the  state,  and  the  interest  on  the  clear  pro- 
ceeds from  the  sales  thereof  shall  be  appropriated  exclusively  to  the 
support  of  the  primary  schools. 

(15)  SEC.  13.    The  legislature  shall  appropriate  all  salt  spring  lands 
now  unappropriated,  or  the  money  arising  from  the  sale  of  the  same, 


STATE    OP   MICHIGAN. 


where  such  lands  have  already  been  sold,  and  any  funds  or  lands  which 
may  hereafter  be  granted  or  appropriated  for  such  purpose,  for  the 
support  and  maintenance  of  the  agricultural  college. 

(16)  SEC.  14.    The  legislature  shall  provide  by  law  for  the  establish- 
ment of  at  least  one  library  in  each  township  and  city;  and  all  fines 
assessed  and  collected  in  the  several  counties,  cities  and  townships  for 
any  breach  of  the  penal  laws  shall  be  exclusively  applied  to  the  support 
of  such  libraries. 

(17)  SEC.  15.    Institutions  for  the  benefit  of  those  inhabitants  who 
are  deaf,  dumb,  blind,  feeble-minded  or  insane  shall  always  be  fostered 
and  supported. 


GENERAL    SCHOOL    LAWS. 


STATUTORY  PROVISIONS. 
ELECTIONS. 

[Extract  from  Act  203,  P.   A.  1917.] 

(18)     SEC.  8.    At  each  biennial  spring  election  there  shall 
be  elected  the  following  officers : 

(1)  Two  justices  of  the  supreme  court,  each  for  the  full  Justices, 
term  of  eight  years,  beginning  on  the  first  day  of  January 

next  following  his  election; 

(2)  Two  regents  of  the  university,  each  for  the  term  of  Regents, 
eight  years,  beginning  on  the  first  day  of  January  next  fol- 
lowing his  election; 

(3)  A  superintendent  of  public  instruction  for  the  term 

of  two  years,  beginning  on  the  first  day  of  July  next  follow-  instruction, 
ing  his  election; 

(4)  A  member  of  the  state  board  of  education  for  the 
term  of  six  years,  beginning  on  the  first  day  of  July  next  fol- 
lowing his  election ; 

(5)  Two  members  of  the  state  board  of  agriculture,  each  ^culture1  °f 
for  the  term  of  six  years,  beginning  on  the  first  day  of  Janu- 
ary next  following  his  election. 

Act  270  of  1913,  (§  462,  C.  L.  1915),  abolishing  the  office  of  commissioner 
of  the  state  land  office,  transfers  to  the  superintendent  of  public  instruction 
the  duties  of  that  officer  "on  the  board  of  state  auditors  and  all  other  boards, 
committees  or  commissions  of  which  the  commissioner  of  the  state  land  office 
is  by  virtue  of  his  office  a  member." 


THE  PRIMARY  SCHOOL  SYSTEM. 

An  Act  to  revise  and  consolidate  the  laws  relating  to  public  instruc- 
tion and  primary  schools,  and  to  repeal  all  statutes  and  acts  con- 
travening the  provisions  of  this  act. 

[Act  164,  P.  A.  1881.] 

The  People  of  the  State  of  Michigan  enact: 
CHAPTER  I. 

THE    SUPERINTENDENT   OP    PUBLIC    INSTRUCTION. 

(19)     §  5641.     SECTION  1.     The  superintendent    of   public  sjg^cof 
instruction  shall  have  general  supervision  of  general  instruc-  instruction, 
tion  in  all  public  schools  and  in  all  state  institutions  that  are 
educational  in  their  character,  as  follows:     The  university, 


10 


STATE    OP    MICHIGAN. 


Residence. 
Qualification. 

Duties. 


the  agricultural  college,  the  institution  for  the  deaf  (a)  and 
dumb,  the  school  for  the  blind  (a),  the  state  industrial  school 
for  boys,  the  state  industrial  home  for  girls,  the  state  public 
school  for  dependent  and  neglected  children,  and  the  home 
for  the  feeble-minded,  and  any  similar  institution  that  may 
hereafter  be  created.  He  shall  reside  at  the  seat  of  the  state 
government  and  shall  devote  his  entire  time  to  the  duties  of 
his  office.  He  shall  be  a  graduate  of  a  university,  college  or 
state  normal  school  of  good  standing,  and  shall  have  had  at 
least  five  years'  experience  as  a  teacher  or  superintendent  of 
schools.  His  duties  shall  be  as  follows: 

(a)  '  To  visit  the  institutions  mentioned  above  and  meet 
with  the  governing  boards  thereof  from  time  to  time; 

(b)  To  direct  the  supervision  of  county  normal  training 
classes  and  provide  general  rules  for  their  management  and 
control ; 

(c)  To  require  all  boards  of  education  to  observe  the  laws 
relating  to  schools,  and  he  shall  have  authority  to  compel 
such  observance  by  appropriate  legal  proceedings  instituted 
in  courts  of  competent  jurisdiction  by  direction  of  the  attor- 
ney general; 

(d)  To  examine  and  audit  the  official    records    and    ac- 
counts of  any  school  district,  and  require  corrections  thereof 
when  necessary,  and  to  require  an  accounting  from  the  treas- 
urer of  any  school  district  when  necessary; 

(e)  To  require  all  school  districts  to  maintain  school  or 
provide  educational  facilities  for  all  children  resident  in  such 
district  for  at  least  the  statutory  period; 

(f)  To  prepare  annually,  and  transmit  to  the  governor, 
to  be  by  him  transmitted  to  the  legislature  at  each  biennial 
session  thereof,  a  report  containing  a  statement  of  the  gen- 
eral educational  conditions  of  the  state;  a  general  statement 
regarding  the  operation  of  the  several  state  educational  in- 
stitutions and  all  incorporated  institutions  of  learning;  to 
present  plans  for  the  improvement  of  the  general  educational 
system  if  in  his  judgment  it  is  deemed  necessary ;  the  report 
shall  also  contain  the  annual  reports  and  accompanying  docu- 
ments of  all  state  educational  institutions  so  far  as  the  same 
may  be  of  public  interest,  and  tabulated  statements  of  the 
annual  reports  of  the  several  school  officers  of  the  townships 
and  cities  of  the  state,  and  any  other  matter  relating  to  his 
office  which  he  may  deem  expedient  to  communicate  to  the 
legislature ; 

(g)  To  appoint  a  time  and  place  and  proper  instructors 
for  a  state  teachers'  institute  and  for  institutes  in  the  sev- 
eral counties  of  the  state,  and  make  such  rules  and  regula- 
tions for  their  management  as  he  may  deem  necessary; 

(h)     He  may  request  the  governor  to  remove  from  office 
any  county  commissioner  of  schools  or  member  of  the  board 


Records  and 
accounts. 


Statutory 
period  of 
school. 


Annual 
report. 


State 

teachers' 

institute. 


May  request 
removal  of 
certain  officer. 


(a)     By  act  148,  P.  A.  1917,  declared  to  be  public  schools. 


GENERAL    SCHOOL    LAWS.  11 

of  school  examiners  when  he  shall  be  satisfied  from  sufficient 
evidence  submitted  to  him  that  said  officer  does  not  possess 
the  qualifications  required  by  law  entitling  him  to  hold  the 
office,  or  when  he  is  incompetent  to  execute  properly  the 
duties  of  the  office,  or  has  been  guilty  of  official  misconduct, 
or  of  wilful  neglect  of  duty,  or  of  drunkenness.  In  case  said 
superintendent  shall  determine  the  charges  submitted  to  him 
are  well  founded  he  shall  file  with  the  governor  a  statement 
in  writing  showing  the  specific  and  definite  charge  or  charges 
made  against  the  officer  complained  of,  and  also  a  statement 
that  he  believes  the  charges  to  be  true,  and  that  in  his  opin- 
ion the  case  demands  investigation,  which  statement  shall 
take  the  place  of  the  statement  of  the  prosecuting  attorney 
of  the  county  in  which  said  officer  is  acting;  whereupon  the 
governor  shall  proceed  to  investigate  the  case  as  the  statute 
provides ; 

(i)     The  superintendent  of  public  instruction    shall   have  Power  to 
power  and  is  hereby  required  to  remove   from    office,    upon  office™ 
satisfactory  proof  and  after  at  least  ten  days'  notice  to  the 
party  implicated,  any  member  of  any  school  board  except 
city  school  districts  who  shall  have  illegally  used  or  disposed 
of  any  of  the  public  moneys  entrusted  to  his  charge,  or  who 
shall  persistently  and  without  sufficient  cause  refuse  or  neg- 
lect to  discharge  any  of  the  duties  of  his  office,  and  in  case 
of  such  removal  it  shall  be  the  duty  of  the  said  state  super- 
intendent to  have  recorded  in  the  office  of  the  township  clerk 
of  such  township  the  resolution  or  order  for  such  removal, 
and  such  record  of  such  resolution  or  order  so  entered  or  a 
certified  copy  thereof  shall  be  prima  facie  evidence  in  all 
courts  and  places  of  jurisdiction  of  the  regularity  of  such 
proceedings  for  removal,  and  said  state  superintendent  shall 
file  a  similar  copy  of  the  proceedings  in  the  records  of  his 
office:     Provided,  That  if  the  party  so  removed  shall  within  Proviso,  set- 
thirty  days  after  such  removal  institute  proceedings  before  orcfer!^ 
a  court  of  competent  jurisdiction  for  the  setting  aside  of 
such  order  for  removal  from  office,  or  if  after  said  thirty  days 
such  proceedings  to  obtain  such    removal    shall    be    discon- 
tinued or  dismissed,  the  said  order  for  removal  from  office 
shall  stand  and  not  be  subject  to  attack  by  any  legal  pro- 
ceedings thereafter :    Provided  further,  That  when  an  officer  Further 
is  removed  for  cause  he  shall  not  again  be  elected  or  appoint-  ySS60' fil 
ed  to  said  office  for  a  period  of  at  least  five  years  thereafter ; 

(j)     To  do  all  things  necessary  to  promote  the  welfare  of  TO  promote 
the  public  schools  and  public  educational  institutions  and  w 
provide  proper  educational  facilities  for   the   youth    of    the 
state. 

From  and  after  the  first  day  of  July,  nineteen  hundred  Salary,  how 
nine,  the  salary  of  the  superintendent  of  public  instruction  p! 
shall  be  four  thousand  dollars  per  annum,  which  shall  be 
paid  monthly  out  of  the  general  fund  in  the  state  treasury 


12 


STATE    OP   MICHIGAN. 


upon  the  warrant  of  the  auditor  general  in  the  same  manner 
as  the  salaries  of  other  state  officers  are  paid. 

Am.  1905,  Act  72  ;  1909,  Act  9  ;  1911,  Act  217. 

As  to  superintendent  of  public  instruction,  see  Const,  section  4  of  this  com- 
pilation. 


Deputy  super- 


Duties. 


Salary. 


Proviso, 


salaries. 


(20)  §  5642.  SEC.  2.  In  order  to  organize  the  work  of 
the  department  of  public  instruction  and  assist  the  superin- 
tendent in  the  performance  of  his  duties  in  supervising  public 
education,  he  may  appoint  a  deputy  superintendent  of  public 
instruction  whose  educational  qualifications  shall  be  the 
same  as  those  required  of  the  superintendent  of  public  in- 
struction, who  shall  take  the  constitutional  oath  of  office 
which  shall  be  filed  with  the  secretary  of  state.  Said  deputy 
shall  assist  the  superintendent  in  the  performance  of  his 
duties  and  he  may  execute  the  duties  of  the  office  of  super- 
intendent in  case  of  a  vacancy  or  in  the  absence  of  the 
superintendent.  The  salary  of  the  deputy  superintendent 
shall  be  two  thousand  five  hundred  dollars  per  annum.  The 
salary  of  the  deputy  superintendent  shall  be  paid  from  the 
general  fund,  upon  a  warrant  of  the  auditor  general,  in  the 
same  manner  that  the  salaries  of  other  state  officers  are  paid  : 
Provided,  That  the  superintendent  of  public  instruction  may 
also  appoint  two  assistant  superintendents,  who  shall  per- 
form such  duties  as  the  superintendent  of  public  instruction 
shall  prescribe.  The  salaries  of  the  assistant  superintend- 
ents shall  be  twenty-one  hundred  dollars  per  annum,  and 
such  salaries  shall  be  paid  from  the  general  fund,  upon  a 
warrant  of  the  auditor  general,  in  the  same  manner  that  the 
salaries  of  other  state  officers  are  paid.  The  superintendent 
of  public  instruction  may  revoke  any  of  said  appointments 
in  his  discretion.  There  is  hereby  appropriated  out  of  the 
general  fund  in  the  state  treasury  a  sufficient  amount  to 
carry  out  the  provisions  of  this  act.  The  auditor  general 
shall  add  to  and  incorporate  in  the  state  tax  for  the  year 
nineteen  hundred  seventeen  and  every  year  thereafter  a  suffi- 
cient amount  to  reimburse  the  general  fund  for  the  amounts 
appropriated  by  this  act. 

Am.  1909,  Act  9  ;  1913,  Act  197  ;  1917,  Act  22. 

(21).  §  5643>  SEC>  3<  The  superintendent  of  public  in- 
wno  to  make,  struction  may  prepare  and  have  printed  general  rules  and 
regulations  for  the  management  of  township  and  district 
libraries,  and  shall  prepare  and  have  printed  a  course  of 
study  for  the  district  schools  of  the  state,  which  shall  be  pur- 
sued in  all  district  schools  in  the  state,  except  city  school 
districts,  and  he  shall  transmit  all  these  documents  to  the 
several  school  officers  entrusted  with  the  care  and  manage- 
Books,  lists  of.  ment  of  the  public  schools.  With  the  co-operation  of  the 
state  librarian,  he  shall  prepare,  at  least  once  in  every  two 
years,  lists  of  books  suitable  for  township  and  district  libra- 


Tax  clause. 


GENERAL   SCHOOL   LAWS.  13 

ries,  and  furnish  copies  of  such  lists  to  each  township  and 
school  officer  entrusted  with  the  care  and  custody  of  their 
respective  libraries,  except  city  school  libraries,  and  high 
school  libraries,  from  which  lists  the  said  school  officers 
shall  select  and  purchase  books  for  their  respective  libraries. 

Am.  1905,  Act  72  ;  1911,  Act  217  ;  1913,  Act  323. 
« 

(22)     §  5644.     SEC.  4.     He  shall  in  the  year  nineteen  him-  ^PP^j011' 
dred  twelve,  and  annually  thereafter  on  receiving  notice  from  primary  school 
the  auditor  general  of  the  amounts  thereof  and  between  the  ™ 
fifth  and  fifteenth  days  of  July  apportion  the  primary  school 
interest  fund  among  the  several  townships  and  cities  of  the 
state  in  proportion  to  the  number  of  children  in  each  between 
the  ages  of  five  and  twenty  years  as  the  same  shall  appear  by 
the  reports  of  the  several  township  clerks  made  to  him  for  the 
school  year  closing  in  July  of  the  preceding  year,  and  shall 
prepare  a  statement  of  the  amount  in  the  aggregate  payable 
to  each  county,  and  shall  deliver  the  same  to  the  auditor  gen- 
eral, who  shall  thereupon  draw  his  warrant  upon  the  state  Warrant  for, 
treasurer  in  favor  of  the  treasurer  of  each  county  for  the 
amount  payable  to  each  county.    He  shall  also  send  written  Notice  to^^ 
notices  to  the  clerks  of  the  several  counties  of  the  amount  in 
the  aggregate  to  be  disbursed  in  their  respective  counties,  and 
the  amount  payable  to  the  townships  and  cities  therein  re- 
spectively.    The  primary  school  interest  fund  payable  under 
the  law  now  existing  shall  be  apportioned  and  paid  between 
the   first   and   tenth   clays   of   November,   nineteen   hundred 
eleven :    Provided,  That,  if  any  deficiency  shall  be  caused  in  Proviso, 
the   teachers'    wages    fund    in    any    school    district   by    the 
changing  of  the  date  of  the  apportionment  of  the  primary 
school  interest  fund  by  the  superintendent  of  public  instruc- 
tion, the  school  board  or  board  of  education  of  said  district 
shall  have  authority  first  to  borrow  on  the  warrant  of  the 
district  a  sum  sufficient  to  meet  such  deficiency  or,  second, 
to  borrow  and  issue  bonds  of  the  school  district  for  the  sum 
of  such  deficiency  for  a  period  not  to  exceed  five  years. 

Am.  1905,  Act  72;  1911,  Act  217. 

Where  the  superintendent  of  public  instruction  directed  the  payment  of  the 
apportionment  of  funds  to  one  of  the  four  districts  of  the  township,  the  direc- 
tion for  payment  of  the  funds  followed  the  same  into  the  hands  of  the  town- 
ship treasurer,  and  no  other  or  further  apportionment  was  necessary  or  could 
be  made  by  the  township  clerk,  who  was  powerless  to  alter  or  modify  the  action 
of  the  superintendent  of  public  instruction. — Moiles  v.  Watson,  60/415.  The 
assessor  of  the  district,  to  whom  the  moaey  was  paid,  being  assessor  de  facto, 
the  question  of  whether  or  not  he  was  also  assessor  de  jure  could  not  be  raised 
in  this  case. — Id.  It  has  from  the  beginning  been  the  policy  of  this  state  to 
maintain  its  primary  schools  for  the  education  of  children  within  school  age, 
and  to  that  end  it  has  always  caused  to  be  set  aside  certain  revenues,  which, 
by  statute  are  apportioned  to  the  several  counties  according  to  the  number  of 
children  residing  in  each  county  within  the  age  limit,  "as  the  same  shall  ap- 
pear by  the  reports  of  the  several  school  boards  or  school  inspectors  made" 
for  that  purpose. — Muskegon  Public  Schools  v.  Wright,  176/6,  12. 

(23)      §  5G45.     SEC.  5.     Whenever  the  returns    from    any  Proceedings 
county,  township,  city,  or  district,  upon  which  a  statement  defective1 
of  the  amount  to  be  disbursed  or  paid  to  any  such  county,  returns, 
township,   city,   or  district  shall  be  so  far  defective  as  to 


14 


STATE    OP   MICHIGAN. 


render  it  impracticable  to  ascertain  the  share  of  primary 
school  interest  fund  which  ought  to  be  disbursed  or  paid  to 
such  county,  township,  city,  or  district,  he  shall  ascertain 
by  the  best  evidence  in  his  power  the  -facts  upon  which  the 
ratio  of  such  apportionment  shall  depend,  and  shall  make 
the  apportionment  accordingly. 

whendefi-  (24)      §  564G.     SEC.  6.     Whenever  any  county,  township, 

apportioned  e  city,  or  district,  through  failure  or  error  in  making  the 
the  next  year.  proper  report,  shall  fail  to  receive  its  share  of  the  primary 
school  interest  fund,  the  superintendent  of  public  instruc- 
tion, upon  satisfactory  proof  that  said  county,  township, 
city,  or  district  was  justly  entitled  to  the  same,  shall  appor- 
tion such  deficiency  in  his  next  apportionment;  and  when- 
ever it  shall  appear  to  the  satisfaction  of  said  superintendent 
than  any  district  has  had  three  months'  school,  but  failed  to 
have  the  full  time  of  school  required  by  law,  through  no  fault 
or  negligence  of  the  district  or  its  officers,  he  may  include 
such  district  in  his  apportionment  of  the  primary  school  in- 
terest fund  in  his  discretion. 

(25)  §  5647.  SEC.  7.  The  superintendent  of  public  in- 
struction shall  perform  such  other  duties  as  are  or  shall  be 
required  of  him  by  law,  and  at  the  expiration  of  his  term  of 
office  deliver  to  his  successor  all  property,  books,  documents, 
maps,  records;  reports,  and  all  other  papers  belonging  to  his 
office,  or  which  may  have  been  received  by  him  for  the  use  of 
his  office. 


Other  duties 
of  superin- 
tendent. 


Township 
board, 

authority  of, 
in  division 
of  school 
districts. 


Districts 

heretofore 

organized. 


CHAPTER  II.     . 

FORMATION,    ALTERATION,   MEETINGS,    AND   POWERS    OF   DISTRICTS. 

(26)  §  5648.  SECTION  1.  The  township  board  of  each 
township  shall  have  authority  to  divide  the  township  into 
such  number  of  school  districts  as  may  from  time  to  time 
be  necessary,  which  districts  it  shall  number,  and  it  may 
regulate  and  alter  the  boundaries  of  the  same  as  circum- 
stances shall  render  proper;  and  each  district  shall  be  com- 
posed of  contiguous  territory  and  be  in  as  compact  a  form 
as  may  be.  Districts  heretofore  organized  shall  remain  and 
have  the  same  boundaries  as  at  the  time  of  the  passage  of 
this  act,  subject  to  change  hereafter  in  the  discretion  of 
the  township  board. 

Am.  1901,  Act  37;  1909,  Act  31. 

PRIMARY  SCHOOL  SYSTEM:  The  whole  primary  school  system  was  con- 
fided by  the  constitution  to  the  legislature  and  it  cannot  be  said  that  the 
officers  of  school  districts  chosen  pursuant  to  the  system  adopted  by  the  leg- 
islature, are  constitutional  officers. — Belles  v.  Burr,  76/11.  The  constitution 
of  1850  left  to  the  legislature,  as  did  the  preceding  constitution,  the  establish- 
ment of  a  system  of  primary  schools,  restricting  the  legislature  only  by  pro- 
viding that  a  school  shall  be  kept,  without  charge  for  tuition,  at  least  three 
months  in  each  year,  and  that  all  instruction  shall  be  conducted  in  the  Eng- 
lish language.  All  other  matters  seem  to  be  within  the  discretion  of  the 
legislature. — Perrizo  v.  Kesler,  93  /  283  ;  People  v.  Howlett,  94  /  168  ;  Pingree 
v.  Board  of  Education,  99/408.  The  constitution  of  1909  provides  that  a 
district  maintain  school  five  months  in  each  year  in  order  to  participate  in 
the  primary  interest  fund.  Our  primary  school  system  is  the  pride  of  the 
state.— People  v.  Howlett,  94/169. 


GENERAL  SCHOOL  LAWS.  15 

FORMATION  OF  DISTRICTS:  See  Doxey  v.  Sch.  Inspectors,  67/603; 
BrodV  v  Penn.  Twp.,  Board,  32  /  273 ;  Sch.  Dist.  v.  Sch.  Dist.,  81  /  343 ; 
Simpkins  v.  Ward,  45/561.  See  Briggs  v.  Borden,  71  /  89-90  ;  People  v. 
Davidson,  2  Doug.  121 ;  Brewer  v.  Palmer,  13  / 107.  When  two  districts  are 
annexed  without  any  other  change  in  their  boundaries,  the  mere  fact  that 
one  number  is  preferred  to  another  does  not  change  the  real  character  of  the 
annexation. — Brewer  v.  Palmer,  13/109.  When  one  district  is  annexed  to 
another,  its  corporate  existence  ceases  and  it  cannot  be  sued  for  debts;  the 
new  district  must  be  held  responsible  for  them. — Id.  But  when  a  district 
is  parceled  out  among  several  other  districts,  the  latter  cannot  be  held 
jointly  liable  for  the  debts  of  the  former ;  whatever  they  are  bound  to  pay 
is  a  several  and  not  a  joint  obligation. — Halbert  v.  Sch.  Dists.,  36/421. 
Change  of  a  district  formed  by  special  act  of  the  legislature. — Sch.  Dist.  v. 
Dean,  17  /  223.  The  organization  of  a  new  township  severs  its  territory  from 
the  school  district  within  which  it  was  formerly  embraced. — People  v.  Ryan, 
19/203.  See  section  34. 

QUESTIONING  REGULARITY :  The  regularity  of  the  proceedings  for  the 
formation  of  a  district  and  the  existence  of  it  cannot  be  questioned  collater- 
ally, but  only  in  direct  proceedings. — Clement  v.  Everest,  29/19.  See  Sch. 
Dist.  v.  Inspectors,  27/3;  Stuart  v.  Sch.  Dist.,  30/69;  Lord  v.  Every,  38  / 
405;  Bird  v.  Perkins,  33/30;  Stockle  v.  Silsbee,  41/621;  Keweenaw  Ass'n  v. 
Sch  Dist.,  98  /  437.  The  legality  of  the  organization  and  existence  of  the 
district  cannot  be  tested  by  certiorari. — Jaquith  v.  Hale,  31/430.  Certiorari 
to  review  the  proceedings  in  organizing  a  district  will  not  lie  after  the  dis- 
trict is  actually  organized  and  has  assumed  the  functions  of  a  corporation  ; 
its  corporate  existence  must  then  be  tested  by  quo  warranto. — Sch.  Dist.  v. 
Inspectors,  27  /  3 ;  People  v.  Gartland,  75  / 143.  But  there  should  be  some 
special  and  extraordinary  reason  to  justify  interference  by  quo  warranto  with 
the  organization  of  a  school  district,  as  the  statutes  provide  a  speedier 
remedy  by  an  appeal  from  the  district  board  to  the  township  board. — Lord 
v.  Every,  38  /  405.  And  the  supreme  court  will  not  meddle  with  the  con- 
cerns of  school  districts,  on  mandamus,  except  on  things  of  substance. — Sch. 
Dist.  v.  Riverside  Twp.,  67  /  406.  The  facts  in  regard  to  the  notices  and  proof 
of  posting  are  sufficiently  established  if  set  out  in  the  return  of  the  board, 
though  not  appearing  in  the  clerk's  minutes  of  the  proceedings.  The  act  of 
detaching  territory  from  two  school  districts  and  forming  a  new  district  by 
one  and  the  same  motion,  after  parties  interested  have  had  ample  opportunity 
to  be  heard  on  both  questions,  is  valid. — Smelzer  v.  Inspectors  Big  Prairie 
Twp.,  125/666. 

(27)      §  5G40.     SEC.  2.     Whenever  the  township  board  of  Ngtfcft*<>t 
any  township  shall  form  a  school  district  therein,  it  shall  be  on  formation 
the  duty  of  the  clerk  of  such  board  to  deliver  to  a  taxable  o£  dietrict- 
inhabitant  of  such  district  a  notice  in  writing  of  the  forma- 
tion of  such  district,  describing  its  boundaries  and  speaify- 
ing  the  time  and  place  of  the  first  meeting,   which  notice, 
with  the  fact  of  such  delivery,  shall  be  entered  upon  record 
by  the  clerk.    The  said  notice  shall  also  direct  such  inhabit-  Notice  to 
ant  to  notify  every  qualified  voter  of  such  district,  either  ?otaereed 
personally  or  by  leaving  a  written  notice  at    his    place    of 
residence,  of  the  time  and  place  of  said  meetings,  at  least  five 
days  before  the  time  appointed  therefor;  and  it  shall  be  the 
duty  of  such  inhabitant  to  notify  the  qualified  voters  of  said 
district  accordingly,  and  said  inhabitant,  when  he  shall  have 
notified  the  qualified  voters  as  required  in  such  notice,  shall  Return, 
endorse  thereon  a  return  showing  such  notification  with  the  $Jow.to 
date  or  dates  thereof,  and  deliver  such  notice  and  return  to 
the  chairman  of  the  meeting,  to  be  by  him  delivered  to  the 
director    chosen    at    such    meeting,    and    by    said  director 
recorded  at  length  as  a  part  of  the  records  of  such  district. 

Am.   1909,  Act  31. 

NOTICE  :  The  board  may,  under  one  notice,  at  one  meeting,  by  separate 
action,  detach  lands  from  separate  school  districts  and  attach  them  to  one 
district. — Doxey  v.  School  Inspectors,  67  /  601.  Irregularity  in  notice. — 
Parman  v.  Inspectors,  49/63.  See  Roeser  v.  Gartland,  75/144. 

RECORDS:      Importance   of.— Sch.   Dist.   v.   Snell,   24/352. 


16 


STATE    OF   MICHIGAN. 


Proceedings 
in  case  of 
failure  to 
organize 
district. 


Fractional 
districts, 
how  formed. 


Annual 
reports, 
where 
made. 


(28)  §  5650.     SEC.  3.     In    case    the    inhabitants  of  any 
district  shall  fail  to  organize  the  same  in  pursuance  of  such 
notice  as  aforesaid,  the  said  clerk  shall  give  a  new  notice  in 
the  manner  hereinbefore  provided,    and    the    same    proceed- 
ings shall  be  had  thereon  as  if  no  previous  notice  had  been 
delivered. 

(29)  §  5651.     SEC.  4.    Whenever  it  shall  be  necessary  or 
convenient  to  form  a  district  from  two  or  more  adjoining 
townships,  the  township  boards,  or  a  majority  of  them,  of 
each  of  such  adjoining  townships,  may  form  such  district,  to 
be  designated  as  a  fractional  district,  and  direct  which  town- 
ship clerk  shall  make  and  deliver  the  notice  of  the  formation 
of  the  same  to  a  taxable  inhabitant  thereof,  and  may  regulate 
and  alter  such  district  as  circumstances  may  render  neces- 
sary in  the  same  manner  that  other  districts  are  altered. 
The  annual  reports  of  the  director  of  such  district  shall  be 
made  to  the  clerk  of  the  township  in  which  the  schoolhouse 
may  be  situated,  and  the  township  board  of  such  toAvnship 
shall  number  said  district. 

Am.  1909,  Act  31. 

Saginaw  Twp.  v.  Sch.  Dlst.,  9  /  544  ;   Brewer  v.  Palmer,  13  /  109. 


When 
districts 
deemed  duly 
organized. 


When  pre- 
sumed legally 
organized. 


Organization, 
how  lost. 


Failure  to 

maintain 

school. 


Resolution 

declaring 

dissolution. 


(30)  §  5652.  SEC.  5.  Every  such  school  district  shall  be 
deemed  duly  organized  when  any  two  of  the  officers  elected 
at  the  first  meeting  shall  have  filed  their  acceptances  in  writ- 
ing with  the  director,  and  the  same  shall  have  been  recorded 
in  the  minutes  of  such  first  meeting.  Every  school  district 
shall  in  all  cases  be  presumed  to  have  been  legally  organized 
when  it  shall  have  exercised  the  franchises  and  privileges  of 
a  district  for  the  term  of  two  years ;  and  such  school  district 
and  its  officers  shall  be  entitled  to  all  the  rights,  privileges 
and  immunities,  and  be  subject  to  all  the  duties  and  liabili- 
ties conferred  upon  school  districts  by  law.  Any  school  dis- 
trict shall  lose  its  organization  as  follows: 

(a)  Whenever    there    are  not  three  or  more  persons  in 
such  district  qualified  under  the  law  to  hold  district  offices; 

(b)  Whenever  such  district  shall  fail  to  maintain  school 
for  the  time  required  by  law  for  a  period  of  two  successive 
years  either  within  its  own  boundaries  or  by  providing  for 
the  education  of  the  children  in  other  districts.     Upon  the 
happening  of  either  condition,  the  township  board,  or  joint 
board,  if  such  district  be  fractional,  shall  declare  by  resolu- 
tion such  district  dissolved  and  shall  immediately  attach  the 
territory  thereof,  in  whole  or  in  part,  to  other  districts  al- 
ready organized  and  make  an  equitable  distribution  of  the 
money,  property  and  other  material  belonging  to  such  dis- 
trict among  the  districts  to  which  the  territory  thereof  shall 
be  attached,  in   accordance  with  the  provisions  hereinafter 
stated. 

Am.  Id. 

PRESUMPTION  OF  LEGAL  ORGANIZATION:  When  a  district  has  ex- 
ercised the  franchises  and  privileges  of  a  school  district  for  over  two  years, 
it  is  too  late  to  question  the  legality  of  its  organization. — Sch.  Dist.  v.  Sch. 


GENERAL  SCHOOL  LAWS.  17 


Dist.,  63/56;  Sen.  Dist.  v.  Sch.  Dist.,  81/343;  Bd.  of  Ed.  of  Traverse  City 
v.  Gtraub,  182  /  665.  The  same  rule  which  recognizes  the  right  of  officers  de 
facto  recognizes  corporations  de  facto. — Clement  v.  Everest,  29  /  23.  In  public 
affairs,  when  the  people  have  organized  themselves  under  color  of  law  into  the 
ordinary  municipal  bodies,  and  have  gone  on  year  after  year  raising  taxes, 
making  improvements  and  exercising  their  usual  franchises,  their  rights  are 
properly  regarded  as  depending  quite  as  much  on  the  acquiescence  as  on  the 
regularity  of  their  origin,  and  no  ex  post  facto  inquiry  can  be  permitted  to 
undo  their  corporate  existence. — People  v.  Maynard,  15  /  470.  As  to  question- 
ing the  regularity  of  organizations,  etc.,  see  note  to  section  26. 

(31)  §  5653.     SEC.  6.     The    record  of  the  first  meeting  Directors' 
made  by  the  director  shall  be  prima  facie  evidence    of    the 

facts  therein  set  forth  and  of  the  legality  of  all  proceedings 
in  the  organization  of  the  district  prior  to  the  first  district 
meeting;  but  nothing  in  this  section  contained  shall  be  so 
construed  as  to  impair  the  effect  of  the  record  kept  by  the 
township  board  as  evidence. 

Am.  Id. 

CORPORATE   POWERS   OF   DISTRICTS. 

(32)  §  5654.     SEC.  7.     Every  school  district  organized  in  School 
pursuance  of  this  chapter,  or  which  has  been  organized  and  JfSSy' 
continued  under  any  previous  law  of  the  state  or  territory  corporate, 
of  Michigan,  shall  be  a  body  corporate,  and  shall  possess  the 

usual  powers  of  a  corporation  for  public  purposes,  by  the 

name  and  style  of  "school  district  number (such  num-  Name  and 

ber  as  shall  be  designated  in  the  formation  thereof  by  the6tye 

township   board),   of    (the  name  of   the   township 

or  townships  in  which  the  district  is  situated),"  and  in  that  Power  of. 
name  shall  be  capable  of  suing  and  being  sued,  of  contracting 
and    being    contracted    with,    and  of  holding  such  real  and 
personal  estate  as  is  authorized  to  be  purchased  by  the  pro- 
visions of  law,  and  of  selling  the  same. 

Am.  Id. 

CORPORATE  POWERS  :  The  school  district,  under  our  statutes,  is  a  cor- 
poration, and,  as  such  corporation,  is  represented  by  three  .officers ;  a  moder- 
ator, director  and  assessor.  The  affairs  of  the  district  are  managed  and  con- 
trolled by  them,  under  certain  restrictions. — Sch.  Dist.  v.  Sch.  Dist.,  63/57. 
A  school  district  can  take  and  hold  bequests  of  money  for  the  maintenance 
of  a  public  library  for  the  use  and  benefit  of  the  residents  of  the  district. — 
Maynard  v.  Woodward,  36/423.  School  districts,  like  townships  and  coun- 
ties, are  subdivisions  of  the  state.  This  section  gives  them  the  capacity  to 
sue  and  be  sued.— Van  Wert  v.  Sch.  Dist.,  100/333.  School  districts  are 
municipal  corporations.— Seeley  v.  Board  of  Ed.,  39/486;  Sch.  Dist.  v.  Gage, 
39  /  484  ;  Belles  v.  Burr,  76  /  1.  And  cannot  be  garnisheed  even  by  their  own 
consent,  unless  the  debtor  also  consents. — Id.  They  preceded  the  constitution 

Stuart  v.  Sch.  Dist.,  30/69),  and  were  recognized  by  that  instrument.— 
Belles  v.  Burr,  76/11.  It  is  familiar  doctrine  that  school  districts  are  state 
agencies  with  limited  powers,  confined,  generally,  to  those  expressly  enumerated 
and  those  necessarily  implied. — Attorney  General  v.  Detroit  Bd.  of  Education, 
1  To  /  440.  , 

ASSUMPSIT:  This  section  gives  school  districts  capacity  to  sue  and  be 
the  claim  against  the  district  is  unliquidated,  assumpsit  will  lie  and 
if  liquidated  the  remedy  would  be  by  mandamus  to  compel  the  necessarv  action 
to  cause  it  to  be  paid.— Waterman,  etc.,  Co.  v.  Sch.  Dist.,  183  /  175.  ' 

ALTERATION    OF    DISTRICTS. 

(33)  §  5655.    SEC.  8.    Whenever  the  township  board  shall  Alteration 
contemplate  an  alteration  of  the  boundaries  of  a  district,  the  boundaries 
township  clerk   (and  for  meetings  of  boards  to  act  in  rela- 

tion  to  fractional  districts,  clerks  of  the  several  townships 
interested)  shall  give  at  least  ten  days'  notice  of  the  time  and 
3 


18 


STATE    OP    MICHIGAN. 


place  of  the  meeting  of  said  board  and  the  alteration  pro- 
posed, by  posting  such  notice  in  three  public  places  in  the 
township  or  townships,  one  of  which  notices  shall  be  in  each 
of  the  districts  that  may  be  affected  by  such  alteration. 
Whenever  the  township  boards  of  more  than  one  township 
meet,  they  shall  elect  one  of  their  number  chairman,  and 
another  clerk  thereof. 


Posting 
notice. 


Joint  boards. 


May  detach 
and  attach 
property. 


Division  into 
two  or  more 
districts. 


Unorganized 
territory. 


Am.  Id. 

NOTICE :  The  notice  required  is  jurisdictional  and  indispensable. — Coulter 
v.  Inspectors,  59  /  391 ;  Sch.  Dist.  v.  Inspectors,  63  /  611 ;  Gentle  v.  In- 
spectors, 73  /  40  ;  Graves  v.  Inspectors,  102  /  635  ;  Passage  v.  Inspectors,  19  / 
330 ;  Andress  v.  Inspectors,  19  /  332.  Proof  of  the  posting  of  such  notice 
should  be  filed  with  the  clerk  of  the  board,  before  any  action  is  taken. — 
Coulter  v.  Inspectors,  59  /  391 ;  Sch.  Dist.  v.  Inspectors,  63  /  611  ;  Graves  v. 
Inspectors,  102  /  635.  Where  notice  is  not  given  the  filing  of  the  consent  of 
a  majority  of  the  resident  taxpayers  of  the  districts  affected  will  not  validate 
the  action. — Gentle  v.  Inspectors,  73  /  40.  Notices  must  be  posted  in  each 
township  affected  by  the  alteration. — Sch.  Dist.  v.  Metcalf,  93  /  499.  The 
object  of  the  notice  is  to  enable  parties  interested  to  be  heard  before  any 
action  is  taken. — Gentle  v.  Inspectors,  73  /  45  ;  Sch.  Dist.  Metcalf,  93  /  499. 
As  to  the  provision  in  the  former  law,  see  Sch.  Dist.  v.  Sch.  Dist.,  63  /  51. 
Notice  of  posting  notices  in  three  public  places  is  jurisdictional.  Affidavit 
must  show  that  the  notices  were  so  posted.  Certiorari  will  lie  to  test  valid- 
ity of  proceedings  where  petitioner  moves  promptly. — Huyser  v.  Board  of 
School  Inspectors,  131/568. 

FRACTIONAL  DISTRICTS:  The  action  of  the  joint  boards  is  required  in 
case  of  fractional  districts. — Sch.  Dist.  v.  Sch.  Dist.,  81/343. 

(34)  §  5656.    SEC.  9.    The  township  board  may  in  its  dis- 
cretion detach  the  property  of  any  person  or  persons  from 
one  district  and  attach  it  to  another;  except  that  no  land 
which  has  been  taxed  for  building  a  schoolhouse  shall  be  set 
off  into  another  school  district  for  the  period  of  three  years 
thereafter,  except  by  the  consent  of  the  owner  thereof;  and 
no  district  shall  be  divided  into  two  or  more  districts  with- 
out the  consent  of  a  majority  of  the  resident  taxpayers  of 
said  district,  and  no  two  or  more  districts  shall  be  consoli- 
dated without  the  consent  of  a  majority  of  the  resident  tax- 
payers of  each  district. 

Am.  Id. 

People  v.  Davidson,  2  Doug.  121 ;  Brewer  v.  Palmer,  13  / 104.  See  Sch. 
Dist.  v.  Dean,  17  /  223  ;  Gentle  v.  Sch.  Inspectors,  73  /  45. 

DISSOLVING  DISTRICT:  The  school  inspectors  (township  board)  have 
power  to  alter  boundaries  of  districts,  and  attach  or  detach  persons,  to  or 
from  any  district ;  but  no  power  is  anywhere  granted  to  them  to  disband, 
dissolve  or  destroy  a  district,  save  as  restricted  under  this  section. — Briggs 
v.  Borden,  71  /  90.  As  intimated  in  Doxey  v.  Inspectors,  67  /  604,  the  board 
have  no  authority  to  divide  up  a  district  and  destroy  it  without  the  consent 
of  a  majority  of  the  resident  taxpayers ;  nor  can  they  destroy  it  by  cutting 
it  up  into  pieces  and  attaching  all  the  territory  to  other  districts  without 
such  consent. — Id.  The  terms  "dissolve"  and  "disband"  are  of  similar  im- 
port and  a  vote  taken  to  "disband"  is  supported  by  notice  of  a  meeting  to 
vote  upon  a  proposition  to  "dissolve." — Id. 

CONSENT  OP  OWNER:  Lands  taxed  within  three  years  for  building  a 
schoolhouse,  not  to  be  set  off  into  another  district  without  the  consent  of 
the  owner. — Coulter  v.  Inspectors,  59  /  391. 

CONSOLIDATION:  The  right  of  inspectors  to  consolidate  districts  de- 
pends upon  the  consent  of  majority  of  resident  taxpayers.  Where  a  school  dis- 
trict de  facto  formed  by  consolidation  of  other  districts  has  been  in  exist- 
ence two  years  or  more  the  court  will  not  set  aside  action  of  board. — 
Howell  v.  Shannon,  130  /  556. 

POWER  OP  LEGISLATURE:  The  legislature  may  change  the  boundaries 
of  district. — Att'y  Gen.  ex.  rel.  Kies  v.  Lowery,  131/639. 

(35)  §  5657.     SEC.  10.     The  township  board  shall  attach 
to  a  school  district  contiguous  territory  in  the  township  and 
not  in  any  organized  district. 

Am.  1909,  Act  31;  1913,  Act  234. 


GENERAL  SCHOOL  LAWS.  19 


(36)  §  5658.     SEC.  11.     In  all  cases  where  an  alteration 

of  the  boundaries  of  a  school  district   shall  be  made,   the  district1"  ° 
township  clerk  shall,  within  ten  days,  deliver  to  the  director 
of  each  district  affected  by  the  alteration  a  notice  in  writing, 
setting  forth  the  action  of  the  township  board  and  denning 
the  alterations  that  have  been  made. 

Am.  1909,  Act  31. 

DIVISION    OF    PROPERTY. 

(37)  §  5659.     SEC.  12.    When  a  new  district  is  formed  in  Division  or 
whole  or  in  part  from  one  or  more  districts  possessed  of  a  possessed 
sclioolhonse  or  entitled  to  other  property,  the  township  board  £0SSS?,0etc. 
at  the  time  of  forming  such  new  district,  or  as  soon  there- 

after as  may  be,  shall  ascertain  and  determine  the  amount 
justly   due    to   such   new   district  from   any   district   out   of 
which  it  may  have  been  in  whole  or  in  part  formed,  as  the^ 
proportion  of  such  new  district,  of  the  value  of  the  school- 
house  and  other  property  belonging  to  the  former  district, 
at  the  time  of  such  division;  and  whenever  by  the  division  of  when^may 
any  district,  the  schoolhouse  or  site  thereof  shall  no  longer  apportion 
be  conveniently  located  for  school  purposes  and  shall  not  be  proc 
desired  for  use  by  the  new  district  in  which  it  may  be  situ- 
ated,  the   township   board   of  the  township   in   which   such 
schoolhouse  and  site  shall  be  located  may  advertise  and  sell 
the  same,  and  apportion  the  proceeds  of  such  sale  and  also 
any  moneys  belonging  to  the  district  thus  divided  among  the 
several  districts  erected  in  whole  or  in  part  from  the  divided 
district. 

Am.  Id. 

Saginaw  Two.  v.  Sch.  Dist,  9  /  541  ;  People  v.  Ryan,  19  /  203  ;  Ramsey  v. 
Everett  Twp.  Clerk,  52/344;  Sch.  Dist.  v.  Riverside  Twp.,  67/404. 

NEW  DISTRICT  :  See  Pine  Sch.  Dist.  v.  Wilcox,  48  /  404,  and  section  117 
as  to  appeals.  Bill  to  prevent  the  consummation  of  a  void  apportionment.  — 
Sch.  Dist.  v.  Sch.  Dist.,  63/58.  Bill  to  restrain  the  sale  of  the  school- 
house.  —  Briggs  v.  Borden,  71/87.  Upon  the  formation  of  a  new  district  by 
the  union  of  two  or  more,  the  new  district  succeeds  to  the  credits  and  prop- 
erty and  is  liable  for  the  debts  of  the  old  ones.  —  Brewer  v.  Palmer,  13/104: 
Halbert  v.  Districts,  36/421. 

(38)  §  5G60.     SEC.  13.     Such  proportion  shall  be  ascer-  Proportion, 
tallied  and  determined  according  to  the  value  of  the  taxable  t£ned!cei 
property  of  the  respective  parts  of  such  former  district  at 

the  time  of  the  division,  by  the  best  evidence  in  the  power  of 
the  township  board;  and  such  amount  of  any  debt  due  from  Debt 
the  former  district,  which  would  have  been  a  charge  upon  the  d< 
new  had  it  remained  in  the  former    district,    shall    be    de- 
ducted from  such  proportion:    Provided,  That  no  real  estate  Proviso. 
thus  set  oil',  and  which  shall  not  have  been  taxed  for  the  pur- 
chase or  building  of  such  schoolhouse,  shall  be  entitled  to 
any  portion  thereof  nor  be  taken  into  account  in  such  divi- 
sion of  district  property. 

Am.   Id. 

DEBTS  OP  OLD  DISTRICTS  :  Where  the  territory  of  a  school  district  is 
absorbed  by  other  districts,  the  statute  contemplates  that  the  township  board 
shall  make  an  equitable  adjustment  of  property  and  debts,  so  as  to  proper- 


20 


STATE    OP   MICHIGAN. 


tion  them  fairly  among  the  districts  which  have  succeeded  to  the  jurisdic- 
tion of  that  which  has  been  divided. — Halbert  v.  Sch.  Districts,  36/421. 
Where  a  school  district  has  been  subdivided  and  other  districts  set  off,  the 
debts  of  the  original  district  cannot  be  parceled  out  among  all  by  a  proceed- 
ing in  the  courts,  so  as  to  give  creditors  a  remedy  against  any  but  the  orig- 
inal debtors. — Turnbull  v.  Alpena  Sch.  Dist.,  45  /  496 ;  Maltz  v.  Board  of 
Education,  41  /  547.  A  debt  once  existing  must  remain  a  debt  against  the 
corporation  that  created  it,  and  its  obligation  is  not  destroyed  by  a  change 
in  corporation  limits.  If  contribution  is  required,  it  must  be  obtained  by 
the  corporation  and  not  by  its  creditors,  unless  otherwise  provided  by  law. 
—Turnbull  v.  Alpena  Sch.  Dist.,  45  /  499. 


Annual 
school 
meetings, 
when  held. 

School 
year,  when 
to  begin. 


Proviso. 


DISTRICT    MEETINGS. 

(39)  §  5661.  SEC.  14.  The  annual  meeting  of  all  school 
districts,  except  where  otherwise  provided  by  special  enact- 
ment, shall  be  held  on  the  second  Monday  of  July  in  each 
year.  The  school  year  shall  commence  on  that  day,  and  the 
trustees  and  officers  of  the  district  shall  date  their  terms  of 
office  from  said  day,  and  until  their  successors  are  elected 
and  qualified :  Provided,  That  any  district  may  vote  to  hold 
its  annual  meeting  on  the  fourth  Monday  in  July. 

Am.  1905,  Act  36. 


Special 
meetings. 


When  may 
not  be  called. 


Business  of, 
to  be  stated 
in  notice. 


(40)  §  5662.  SEC.  15.  Special  meetings  may  be  called 
by  the  district  board ;  and  it  shall  be  the  duty  of  said  board, 
or  any  one  of  them,  to  call  such  meetings  on  the  written  re- 
quest of  not  less  than  five  legal  voters  of  the  district,  by  giv- 
ing the  notice  required  in  the  next  succeeding  section ;  but  no 
special  meeting  shall  be  called  unless  the  business  to  be  trans- 
acted may  lawfully  come  before  such  meeting,  and  no  busi- 
ness shall  be  transacted  at  a  special  meeting  unless  the  same 
be  stated  in  the  notice  of  said  meeting. 

NOTICE:  Liberal  rules  of  interpretation  must  be  applied  to  these  notices, 
and  if  they  be  such  as,  under  a  fair  construction,  to  give  notice  to  the 
electors  of  the  purpose  for  which  the  meetings  are  called,  they  must  be  held 
sufficient. — Peters  v.  Warren  Twp.,  98  /  55. 

SPECIAL  MEETING :  In  order  to  constitute  a  legal  school  meeting,  the 
evidence  must  show  that  a  legal  petition  was  presented  and  a  legal  notice  of 
the  meeting  given. — Cent.  Sch.  Supply  House  v.  Sch.  Dist.,  99  /  402  ;  Johns- 
ton v.  Mitchell,  120  /  589.  Use  by  a  school  board,  in  calling  a  special  meet- 
ing, of  a  blank  form  of  notice  prepared  by  a  lawyer  at  the  request  of  one 
who  was  not  a  member  of  the  board,  is  insufficient  to  show  a  ratification  on 
its  part  of  a  promise  by  such  third  person  that  the  board  would  pay  a 
specified  sum  for  the  legal  services  rendered. — Leonardson  v.  School  District 
No.  3  of  Troy  Township,  125  /  209. 


Notices  of 
meetings. 


Proviso, 
duty  of  dis- 
trict officer 
to  give. 


(41)  §  5663.  SEC.  16.  All  notices  of  annual  or  special 
district  meetings,  after  the  first  meeting  has  been  held  as 
aforesaid,  shall  specify  the  day  and  hour  and  place  of  meet- 
ing, and  shall  be  given  at  least  six  days  previous  to  such 
meeting,  by  posting  up  copies  thereof  in  three  of  the  most 
public  places  in  the  district,  one  copy  of  which  for  each  meet- 
ing shall  be  posted  at  the  outer  door  of  the  district  school- 
house,  if  there  be  one;  and  in  case  of  any  special  meeting 
called  for  the  purpose  of  establishing  or  changing  the  site 
of  a  school-house,  such  notice  shall  be  given  at  least  ten  days 
previous  thereto:  Provided,  That  when  any  of  the  district 
board  shall  receive  a  request  to  call  a  special  meeting,  as 
provided  in  the  preceding  section,  he  shall  forthwith  give 
notice,  as  above  provided,  of  said  meeting,  which  shall  be 


GENERAL  SCHOOL  LAWS.  21 

called  iu  not  less  than  six  nor  more  than  twelve  days  from 
the  time  the  said  officer  shall  receive  the  notice  aforesaid. 
No  animal  meeting  shall  be  deemed  illegal  for  want  of  due  ^ 
notice,  unless  it  shall  appear  that  the  omission  to  give  such  megaffo 
notice  was  wilful  and  fraudulent. 

Schafer  v.    Sen.    Dist.   No.    1    of   Baraga,    116/206;    Johnston  v.  Mitchell, 
120  /  589. 

(42)  §  5664.  SEC.  17.  In  all  school  elections  including  who  qualified 
school  elections  held  in  districts  organized  and  governed  in 
whole  or  in  part  by  a  local  act  or  acts,  and  including  cities 
of  the  fourth  class,  any  provisions  in  such  local  act  or  acts 
to  the  contrary  notwithstanding,  every  citizen  of  the  United 
States  of  the  age  of  twenty-one  years,  male  or  female,  who 
owns  property  which  is  assessed  for  school  taxes  in  the  dis- 
trict, or  who  is  the  parent  or  legal  guardian  of  any  child 
of  school  age  included  in  the  school  census  of  said  district, 
and  who  has  resided  in  said  district  three  months  next  pre- 
ceding such  election,  shall  be  a  qualified  voter.  On  the  ques- 
tion  of  voting  school  taxes,  every  citizen  of  the  United  States 
of  the  age  of  twenty-one  years,  male  or  female,  who  owns 
property  which  is  assessed  for  school  taxes  in  the  district, 
and  who  has  resided  in  the  district  as  above  stated,  shall  be 
a  qualified  voter:  Provided,  That  the  purchaser  of  land  Proviso,  land 

contracts. 

upon  a  land  contract,  who  actually  pays  the  taxes  upon 
such  land  and  resides  thereon,  may  vote  upon  all  questions; 
and  where  a  husband  and  wife  own  property  jointly  and 
same  is  assessed  for  school  taxes  in  the  school  district,  each 
may,  if  otherwise  qualified,  vote  upon  all  questions  includ- 
ing the  question  of  raising  money:  Provided,  however,  That  *jjgjkj In 
this  act  shall  not  be  applicable  -in  any  city  having  a  popula-  250,000  or 
tion  of  two  hundred  fifty  thousand  or  over  which  comprises  over> 
a  single  school  district,  but  in  such  city  all  male  electors 
who  shall  possess  the  qualifications  specified  in  section  one, 
article  three  of  the  constitution  of  this  state,  and  all  females, 
who,  if  they  were  males,  would  be  qualified  electors,  shall 
be  qualified  voters  in  all  school  elections  in  such  city,  and 
on  questions  of  voting  school  taxes  therein,  and  such  elect- 
ors, male  and  female,  shall  be  registered  in  the  manner  pro- 
vided by  law  for  the  registration  of  male  electors  in  any  such 
city,  and  all  such  female  electors  shall  be  registered  in  a 
separate  register,  and  in  making  the  returns  of  such  elections 
a  separate  return  shall  be  made  of  the  votes  cast  by  women, 
but  the  aggregate  vote  return  shall  include  the  votes  of  all 
women  electors,  it  being  the  intent  of  this  act  that  the 
qualifications  of  electors  qualified  to  vote  for  school  in- 
spectors therein  shall  be  governed  by  the  provisions  of  law 
as  they  existed  prior  to  the  passage  of  act  number  one  hun- 
dred forty-six  of  the  Public  Acts  of  nineteen  hundred  thir- 
teen. 

Am.  1909,  Act  83;  1913,  Act  146;  1915,  Act  300;  1917,  Act  7. 


22 


STATE    OP   MICHIGAN. 


Challenging 
voters. 


to  challenged 
voter. 


False  oath 

deemed 

perjury. 


(43)  §  5665.     SEC.  18.     If  any  person  offering  to  vote  at 
a  school  district  meeting  shall  be  challenged  as  unqualified  by 
any  legal  voter  in  such  district,  the  chairman  presiding  at 
such  meeting  shall  declare  to  the  person  challenged  the  quali- 
fications of  a  voter;  and  if  such  person  shall  state  that  he  is 
qualified,  and  the  challenge  shall  not  be  withdrawn,  the  chair- 

oath je^ndered  man  shall  tender  to  him  an  oath,  in  substance  as  folloAVs : 
"You  do  swear  (or  affirm)  that  you  are  a  citizen  of  the 
United  States,  that  you  have  been  for  the  last  three  months 
an  actual  resident  of  this  school  district,  or  residing  upon 
territory  now  attached  to  this  school  district,  and  that  you 
pay  a  school  district  tax  therein;"  and  every  person  taking 
this  oath  shall  be  permitted  to  vote  upon  all  questions  pro- 
posed at  such  meetings.  Or  he  may  take  the  following  oath, 
to  wit:  "You  do  swear  (or  affirm)  that  you  are  a  citizen  of 
the  United  States,  that  you  have  been  for  the  last  three 
months  an  actual  resident  of  this  school  district,  or  residing 
upon  property  now  attached  to  this  school  district,  and  that 
you  are  the  parent  or  legal  guardian  of  one  or  more  children 
now  included  in  the  school  census  of  the  district;"  and  he 
may  vote  upon  all  questions  which  do  not  directly  involve  the 
raising  of  money  by  tax.  If  any  person  so  challenged  shall 
refuse  to  take  such  oath,  his  vote  shall  be  rejected;  and 
any  person  who  shall  wilfully  take  a  false  oath,  or  make 
a  false  affirmation,  under  the  provisions  of  this  section,  shall 
be  deemed  guilty  of  perjury.  When  any  question  is  taken  in 
any  other  way  than  by  ballot,  a  challenge  immediately  after 
the  vote  has  been  taken  shall  be  deemed  to  be  made  when 
offering  the  vote,  and  treated  in  the  same  manner. 

Belles  v.  Burr,  76/6;  Menton  v.  Cook,  147/542. 

(44)  §  5666.     SEC.  19.     If  at  any  district    meeting    any 
person  shall  conduct  himself  in  a  disorderly  manner,  and, 
after  notice  from  the  moderator  or  person  presiding,    shall 
persist  therein,  the  moderator  or  person  presiding  may  order 
him  to  withdraw  from  the  meeting,  and  on  his  refusal,  may 
order  any  constable,  or  other  person  or  persons,  to  take  him 
into  custody  until  the  meeting  shall  be  adjourned;  and  any 
person  who  shall  refuse  to  withdraw  from  such  meeting  on 
being  so  ordered  as  herein  provided,  and  also  any  person  who 
shall  wilfully  disturb  such   meeting  by  rude  and  indecent 
behavior,  or  by  profane  or  indecent  discourse,  or  in  any  other 
way  make  such  disturbance,  shall,  on  conviction  thereof,  be 
punished  by  a  fine  not  less  than  two  nor  more  than  fifty  dol- 
lars, or  by  imprisonment  in  the  county  jail  not  exceeding 
thirty  days ;  and  any  justice  of  the  peace,  recorder,  or  police 
justice  of  the  township,  wTard,  or  city  where  such  offense  shall 
be  committed,  shall  have  jurisdiction  to  try  and  determine 
the  same. 

(45)  §  5667.     SEC.  20.    The  qualified  voters  of  any  school 
district  when  lawfully  assembled  at  the  first  and  at  each 


Disorderly 
persons  at 
district 
meetings. 


Penalty  for 

disturbing 

meeting. 


Who  shall 
have  jurisdic- 
tion in  trial. 


Annual  meet- 
ing, power  of 
voters,  etc. 


GENERAL  SCHOOL  LAWS.  23 

annual  meeting  or  at  an  adjournment  thereof,  or  at  any 
special  meeting  lawfully  called,  except  as  hereinafter  pro- 
vided, shall  have  power: 

First,  At  the  first  meeting  and  at  any  meeting  after  the  chairman, 
organization  of  the  district,  in  the  absence  of  the  moderator, 
to  appoint  a  chairman  for  the  time  being  and,  in  the  absence 
of  the  director,  to  appoint  some  person  to  act  in  his  stead, 
who  shall  keep  a  minute  of  the  proceedings  of  such  meeting 
and  certify  same  to  the  director,  to  be  by  him  entered  in 
the  records  of  the  district; 

Second,   To  adjourn  from  time  to  time  as  occasion  may  re-  Adjournment, 
quire; 

Third,   To  elect  district  officers  as  herein  provided,  and  to  officers, 
determine  at  what  hour  the  annual  meeting  shall  be  held; 

Fourth,  To  designate  as  hereinafter  provided  a  site  or  such  sites. 
number  of  sites  as  may  be  desired  for  school  houses,  and  to 
change  same  when  necessary; 

Fifth,  To  direct  the  purchasing  or  leasing  of  a  site  or  sites  Purchase,  etc. 
lawfully  determined  upon;  the  building,  hiring  or  purchas- 
ing of  a  school  house  or  houses,  or  the  enlarging  of  a  site  or 
sites  previously  established; 

Sixth,  To  vote  such  tax  as  the  meeting  shall  deem  sufficient  Tax,  limit  of. 
to  purchase  or  lease  a  site  or  sites,  or  to  build,  hire  or  pur- 
chase a  school  house  or  houses;  but  the  amount  of  taxes  to 
be  raised  in  any  district  for  the  purpose  of  purchasing  or 
building  or  altering  a  school  house  or  houses  in  the  same  year 
that  any  bonded  indebtedness  is  incurred  shall  not  exceed 
two  hundred  fifty  dollars  in  districts  containing  less  than 
ten  children  between  the  ages  of  five  and  twenty  years;  in 
districts  having  between  ten  and  thirty  children  of  like  age 
it  shall  not  exceed  five  hundred  dollars;  and    in    districts 
having  between  thirty  and  fifty  children  of  like  age  it  shall 
not    exceed    one    thousand  dollars;  the  foregoing  tax  when 
levied  and  collected,  together  with  all  funds  derived  from 
bonding  for  the  same  purposes,  when  received  by  the  treas-  Building 
urer,   shall   be   accounted   for  under  the  title  of   "building  fund- 
fund:"    Provided,  That  the  money  belonging  to  the  building  proviso, 
fund  shall  be  used  for  no  other  purpose  than  that  for  which 
it  was  raised  without  a  consenting  vote  of  two- thirds  of  the 
taxpaying  voters  of  the  district  present  and  voting  at  said 
election; 

Seventh,  To  determine  the  amount  of  money  to  be  raised 
by  tax  for  all  school  purposes,  except  as  otherwise  provided 
by  law;  the  tax  herein  provided  for,  together  with  the  one- 
mill  tax,  when  collected  and  received  by  the  treasurer  shall 
be  accounted  for  under  the  title  of  "General  fund;" 

Eighth,    To  authorize  and  direct  the  sale  of  any  school  Schooalg°0Jffie> 
house,  site,  building  or  other  property  belonging  to  the  dis-  e 
trict,  when  the  same  shall  no  longer  be  needed  for  the  use  of 
the  district; 

Ninth,    To  give  such  directions  and  make  such  provisions  Suits. 


24 


STATE    OP   MICHIGAN. 


Building 
committee. 


Proviso. 


as  they  shall  deem  necessary  in  relation  to  the  prosecution 
or  defense  of  any  suit  or  proceeding  in  which  the  district 
may  be  a  party  or  interested; 

Tenth,  To  appoint  as  in  their  discretion  it  may  be  neces- 
sary a  building  committee  to  perform  such  duties  in  super- 
vising the  work  of  building  a  school  house  as  they  may  by 
vote  direct; 

School  terms.  Eleventh,  At  the  first  and  annual  meeting  only  to  deter- 
mine the  length  of  time  a  school  shall  be  taught  in  their  dis- 
trict during  the  ensuing  year,  which  shall  not  be  less  than 
nine  months  in  all  districts  having  four  hundred  or  more 
children  of  school  age,  and  in  all  districts  having  over  thirty 
children  and  less  than  four  hundred  children,  not  less  than 
eight  months,  and  not  less  than  five  months  in  all  other  dis- 
tricts on  the  pain  of  forfeiture  of  their  share  of  the  primary 
school  interest  fund;  but  in  case  the  people  do  not  deter- 
mine the  length  of  the  school  year,  then  the  district  board 
shall  determine  same,  and  in  case  the  board  or  the  district 
fix  the  length  of  the  school  year,  and  later  in  the  year  it  is 
found  desirable  to  increase  the  length  of  said  school  year, 
such  action  may  be  taken  at  a  properly  called  special  school 
meeting,  or  the  board  may  take  such  action  on  petition  of  a 
majority  of  the  resident  qualified  voters:  Provided,  That 
each  school  district  may  at  an  annual  or  special  meeting  vote 
to  discontinue  school  in  the  district  for  the  ensuing  year  and 
determine  that  the  children  resident  therein  shall  be  sent  to 
another  school  or  schools,  and  when  such  action  has  been 
taken  the  school  board  shall  have  authority  to  use  any  funds, 
except  library  funds,  in  the  hands  of  the  treasurer  to  pay 
the  tuition  and  transportation  of  all  such  children,  and  if 
necessary  vote  a  tax  for  such  purpose. 

Am.  1903,  Act  10;  1907,  Act  91;  1909,  Act  83;  1911,  Act  57;  1913,  Act 
230. 

Moiles  v.  Watson,  60  /  415  ;  Detroit  Board  of  Education  v.  Moross,  151  /  625. 

FOURTH:     See  section  102  as  to   designation  of  school  sites. 

FIFTH :  A  school  district,  contracting  for  the  building  of  a  schoolhouse 
within  a  stated  time,  is  bound  to  furnish  a  suitable  site  therefor,  within  such 
reasonable  time  that  the  contractors  shall  not  be  delayed  on  their  part. — Todd 
v.  Sch.  Dist.,  40  /  294.  Sureties  upon  a  bond  for  the  performance  of  a  con- 
tract are  released  by  an  assignment  of  the  contract  and  the  grant  of  an  ex- 
tension of  time  to  the  contractors. — Id.  See  Act  17  of  1915,  sections  539-541. 

SIXTH :  A  school  district  in  its  annual  meeting  may  lawfully  recognize 
and  pay  equitable  claims  even  though  they  are  not  strictly  legal  demands 
against  it. — Stockdale  v.  School  Dist.,  47/226.  The  provision  that  no  land 
shall  be  taxed  for  the  building  of  schoolhouses,  unless  some  portion  thereof 
shall  be  within  2%  miles  of  the  schoolhouse  site,  does  not  apply  to  a  graded 
school  district. — Keweenaw  Ass'n  v.  Sch.  Dist.,  98/437. 

SEVENTH :  Equitable  claims. — See  notes  to  subdivision  sixth.  Certain 
charts,  etc.,  held  not  to  be  necessary  appendages,  such  as  the  director  is  re- 
quired to  furnish. — Gibson  v.  Sch.  Dist.,  36  /  404  ;  Publishing  House  v.  School 
Dist.,  94  /  265.  A  school  district  has  no  power  to  levy  a  tax  except  for  the 
purposes  specified  by  statute. — Hinman  v.  Sch.  Dist.,  4/168.  See  section 
66,  subdivision  6. 

ELEVENTH:  Tappan  v.  Sch.  Dist.,  44/500.  The  district  board  has 
power  to  contract  with  a  qualified  teacher  for  such  term  during  the  en- 
suing year  as  shall  be  determined  by  the  qualified  voters  of  the  district  at 
the  annual  school  meeting. — Cleveland  v.  Amy,  88  /  374  ;  Moiles  v.  Watson, 
60/417.  In  exercising  the  discretion  vested  in  the  voters  of  a  school  district 
to  discontinue  school  for  a  year,  the  school  board  are  bound  to  furnish  trans- 
portation and  may  determine  the  amount  to  be  paid.  The  performance  of  such 
duty  may  be  enforced  by  mandamus. — Dennis  v.  Wrigley,  175  /  621.  Where 
voters  of  a  district  have  voted  to  discontinue  school  and  send  the  children  to 
an  adjoining  district,  at  an  annual  or  special  meeting  cannot  rescind  the  action 


GENERAL    SCtJOOL    LAWS.  25 

at  a  subsequent  meeting  and  reopen  the  school  for  the  ensuing  period. — Meek 

V>  MISCELlfANEOul4:7'  Gibson  v.  Sen.  Dist.,  36/404.  Where  a  board  of 
education  erects  a  school  building  in  such  manner  that  Ice  and  snow  mus 
inevitably  slide  from  the  roof  into  plaintiff's  premises,  there  being  no  suffi- 
cient barrier  to  prevent,  and  fails,  after  notice,  to  remedy  the  defect,  it  may 
be  held  liable  to  him  for  injuries  sustained  in  falling  upon  ice  so  precipi- 
tated, the  trespass  being  the  proximate  cause  of  the  injury. — Ferris  v.  Board 
of  Education  of  Detroit,  122  /  315.  The  neglect  or  refusal  of  the  electors 
of  a  township  to  vote  the  amounts  necessary  to  be  raised  for  township  and 
school  purposes  is  sufficiently  shown,  within  the  statutes  authorizing  the 
township  board  and  the  board  of  education,  respectively,  to  vote  the  same 
in  such  case,  by  a  recital  in  the  resolutions  of  the  several  boards  voting  such 
taxes,  that  the  attention  of  the  electors  present  at  the  annual  meeting  was 
called  to  the  matter  of  voting  upon  such  questions,  and  that  they  failed, 
neglected,  and  refused  to  vote  such  sums  as  were  necessary. — Weston  Lum- 
ber Co.  v.  Township  of  Munising,  123/138.  Where  the  legislature  divides 
a  district  and  provides  for  a  distribution  of  property,  the  new  district  is  not 
entitled  to  share  in  primary  school  interest  fund  at  the  following  apportion- 
ment, though  based  upon  reports  of  previous  year.  A  district  which  does 
not  maintain  school  for  at  least  three  months  (now  five  months)  is  not 
entitled  to  share  in  apportionment  of  primary  school  interest  fund. — Decker- 
villa  School  District  v.  District  No.  3  of  Marion,  131/272.  A  school  dis- 
trict which  had  provided  by  resolution  for  the  seating  of  a  schoolhouse  is 
estopped  to  question  the  validity  of  a  contract  signed  by  the  director  only, 
where  other  officers  paid  the  freight  bills  and  the  seats  had  been  in  use  fifteen 
months. — Jones  v.  Sch.  Dist.  No.  3  of  losco,  110/363.  District  board 
bought  furniture.  At  following  annual  meeting  voters  made  no  objection. 
Held  a  ratification  of  the  contract  though  act  of  board  was  not  authorized. 
— Haney  Sch.  Fur.  Co.  v.  Sch.  District  No.  1  of  Crystal  Lake  Twp.,  133  /  241. 
School  district  cannot  appropriate  surplus  one  mill  tax  to  general  purpose 
before  end  of  year. — Bonhagel  v.  Sch.  Bd.  of  Dist.  No.  1,  Bronson  &  Bethel 
Twps.,  134/455. 


CHAPTER  III. 

DISTRICT    BOARD    AND    OFFICERS. 

(46)  §  5668.     SECTION  1.     At  the  first  meeting  in  each  Election  of 
school  district  there  shall  be  elected  by  ballot  a  moderator  ofilcSre. 
for  the  term  of  three  years,  a  director  for  two  years,  and  a 
treasurer  for  one  year;  and  on  the  expiration  of  their  re-  Term  of 
spective  terms  of  office,  and  regularly  thereafter  at  the  an-  office- 
nual  meetings,  their  several  successors  shall    be    elected  in 

like  manner  for  a  term  of  three  years  each.  The  time  inter- 
vening between  the  first  meeting  in  any  school  district  and 
the  first  annual  meeting  thereafter  shall  be  reckoned  as  one 
year. 

NOTE.— Act  165,  P.  A.  1901,  (§  §  5668-5758,  C.  L.  1915),  changes  the  word 
assessor  to  treasurer.  See  section  51. 

OFFICERS  :  The  officers  of  a  primary  school  district  consist  of  a  modera- 
tor, director  and  assessor.  •  These  officers  are  created  by  statute  and  have 
attached  to  them  certain  limited  powers  and  particular  duties.  They  have, 
therefore,  neither  common  law  power,  nor  rights,  but  are  strictly  confined  to 
such  as  are  conferred  upon  them  by  statute ;  and  as  no  compensation  for 
their  official  services  has  been  provided  [as  the  law  stood  prior  to  1859]  or 
in  any  manner  authorized  by  statute,  none  can  be  legally  claimed  or  re- 
covered.— Hinman  v.  Sch.  Dist.,  4  / 168.  The  provisions  relative  to  the  elec- 
tion of  school  district  officers  by  ballot  are  mandatory  ;  but  where  they  were 
unanimously  chosen  by  viva  voce  vote  at  a  regular  meeting,  and  qualified  and 
acted  and  no  one  else  claimed  the  offices,  a  writ  of  quo  warranto  was  dis- 
missed.— People  v.  Gartland,  75  / 143.  Parol  evidence  is  admissible  to  show 
who  are  the  district  officers. — Crane  v.  Sch.  Dist.,  61/290. 

BALLOT :  All  ballots  cast  under  statutory  requirements  are  formal  and 
final,  if  there  is  an  election,  and  cannot  be  repeated.  There  can  be  no  "in- 
formal" ballot. — People  v.  Stone,  78  /  635  ;  Sch.  Dist.  v.  Root,  61  /  373. 

(47)  §  5669.     SEC.  2.     A  school  district  office  shall  be-  when  school 
come  vacant  immediately  upon  any  of  the  following  events:  deemed08 

First,    The  death  of  the  incumbent;  vacant- 

Second,   His  resignation; 


26 


STATE    OP   MICHIGAN. 


Third,    His  removal  from  office; 

Fourth,    His  removal  from  the  district; 

Fifth,   His  conviction  of  any  infamous  crime; 

Sixth,  His  election  or  appointment  being  declared  void  by 
a  competent  tribunal; 

Seventh,  His  neglect  to  file  his  acceptance  of  office,  or  to 
give  or  renew  any  official  bond  according  to  law; 

Eighth,  His  ceasing  to  be  a  taxpayer  in  the  school  dis- 
trict ; 

Ninth,  Upon  the  expiration  of  twenty  days  after  failure 
of  the  district  to  elect  a  successor  at  the  annual  meeting,  at 
the  expiration  of  which  period  the  board  of  school  inspectors 
shall  appoint  such  successor. 

Am.  1903,  Act  21 ;  1907,  Act  91. 

(48).  §  5670.  SEC.  3.  In  case  any  one  of  the  district 
offices  becomes  vacant,  the  two  remaining  officers  shall  imme- 
diately fill  such  vacancy ;  or  in  case  two  of  the  offices  become 
vacant,  the  remaining  officer  shall  immediately  call  a  special 
meeting  of  the  district  to  fill  such  vacancies ;  in  case  any  va- 
cancy is  not  filled  as  herein  provided  within  twenty  days 
after  it  shall  have  occurred,  or  in  case  all  the  offices  in  a  dis- 
trict shall  become  vacant,  the  township  board  of  the  town- 
ship to  which  the  annual  reports  of  such  district  are  made 
shall  fill  such  vacancies.  Any  person  elected  or  appointed 
to  fill  a  vacancy  in  a  district  office  shall  hold  such  office  until 
the  next  succeeding  annual  meeting,  at  which  time  the  voters 
of  the  district  shall  fill  such  office  for  the  unexpired  portion 
of  the  term. 

Am.  1909,  Act  83. 

Johnston  v.  Mitchell,  120/589. 


Vacancies, 
how  filled. 


Term  of 
office. 


Officers,  who 
eligible. 


Proviso, 
husband  and 
wife. 


Publisher's 
agent. 


Labor  or 

material. 


Penalty. 


(49)  §  5671.  SEC.  4.  Any  qualified  voter  in  a  school  dis- 
trict whose  name  appears  on  the  assessment  roll  and  who  is 
the  owner  in  his  own  right  of  the  property  so  assessed,  shall 
be  eligible  to  election  or  appointment  to  office  in  such  school 
district:  Provided,  That  where  a  husband  and  wife  own 
property  jointly,  regardless  of  the  name  which  appears  on 
the  assessment  roll,  if  otherwise  qualified,  each  shall  be 
eligible  to  election  or  appointment  to  school  office.  It  shall 
be  illegal  for  any  member  of  the  district  board  to  act  as 
agent  for  any  author,  publisher  or  seller  of  school  books  or 
school  apparatus,  or  to  receive  any  gift  or  reward  for  his 
influence  in  recommending  the  purchase  or  use  of  any  school 
book  or  apparatus  in  the  state  of  Michigan.  It  shall  be 
illegal  for  any  member  of  the  district  board  to  perform  any 
labor,  except  as  provided  in  this  act,  or  furnish  any  material 
or  supplies  for  the  school  district  in  which  he  is  an  officer, 
and  he  shall  not  be  personally  interested  in  any  way  what- 
ever directly  or  indirectly  in  any  contract  with  the  district 
in  which  he  holds  office.  Any  act  herein  prohibited,  if  per- 


GENERAL  SCHOOL  LAWS.  27 

formed  by  any  such  school  officer,  shall  be  deemed  a  misde- 
meanor, and  he  shall  be  liable  to  the  punishment  provided 
for  such  offense  in  accordance  with  the  statute  in  such  case 
made  and  provided. 

Am.  1899,  Act  184  ;  1909,  Act  83  ;  1911,  Act  57. 

(50)  §  5672.     SEC.  5.    Within  ten  days  after  their  election  Acceptance 
or  appointment,  the  several  officers  of    each    school    district  ° 

shall  file  with  the  director  written  acceptances  of  the  office 
to  which  they  have  been  respectively  elected  or  appointed, 
accompanied  by  an  affidavit,  properly  acknowledged,  that 
they  are  qualified  voters,  that  their  name  appears  on  the 
assessment  roll,  and  that  they  are  the  owners  in  their  own 
right  of  the  property  so  assessed,  and  such  acceptances  and 
affidavits  shall  be  entered  in  the  records  of  the  district  by 
said  director.  The  affidavit  herein  required  may  be  executed  Affidavit, 
before  any  officer  authorized  under  the  laws  of  the  state  to  executed! 
take  acknowledgments  or  before  the  senior  officer  of  the  dis- 
trict board  in  that  particular  district. 

Am.  1903,  Act  21 ;  1913,  Act  229. 

(51)  §  5673.    SEC.  6.   The  moderator,  director,  and  treas-  District  board, 
urer   shall   constitute  the  district  board.     Meetings  of  the  5,  ma?  be"18 
board  may  be  called  by  any  member  thereof  by  serving  on  the  caUed- 
other  members  a  written  notice  of  the  time  and  place  of  such 
meeting  at  least  twenty-four  hours  before  such  meeting  is 

to  take  place;  and  no  act  authorized  to  be  done  by  the  dis- 
trict board  shall  be  valid  unless  voted  at  a  meeting  of  the 
board.    A  majority  of  the  members  of  the  board  at  a  meeting  Quorum 
thereof  shall  be  necessary  for  the  transaction  of  business. 

Am.  1901,  Act  165. 

A  teacher  cannot  be  hired  by  two  members  of  the  board  without  the  con- 
currence of  the  third  and  without  convening  any  meeting  of  the  board. — 
Hazen  v.  Lerche,  47  /  626.  A  school  teacher  can  be  employed  only  by  the 
action  of  a  district  board  at  a  meeting  of  the  board.  Parol  evidence  is  not 
admissible  to  show  that  the  record  of  the  meeting  made  by  the  director  is 
not  true.— Cowley  v.  Sch.  Dist.  No.  3,  Harrisville,  130/634. 

(52)  §  5674.     SEC.  7.     The  said  district  board  shall  pur-  Board  to 
chase  a  record  book  and  such  other  books,  blanks  and  sta-  gSmf*8 
tionery  as  may  be  necessary  to  keep  a  record  of  the  proceed-  books,  etc. 
ings  of  the  district  meetings  and  of  the    meetings    of    the 
board,  the  accounts  of  the  treasurer,  and  for  doing  the  busi- 
ness of  the  district  in  an  orderly  manner. 

Am.  1903,  Act  49. 

Officers  having  charge  of  school  records  are  required  to  furnish  proper 
facilities  for  the  examination  or  copying  of  the  same.  See  Act  No.  76,  P.  A. 
1903,  (§  3448,  C.  L.  1915.) 

See  School  Dist.  v.  Snell,  24/353. 

(53)  §  5675.     SEC.  8.     The  district  board  shall  purchase  Board  to 

or  lease,  in  the  corporate  name  of  the  district,  such  sites  for  KS'  etc" 
school-houses  as  shall   have   been   lawfully   designated,    and  Bctooihouee. 
shall  build,  hire,  or  purchase  such  school-houses  as  may  be 


28 


STATE    OF   MICHIGAN. 


Necessity  of 
title  or  lease 
to  site  before 
building 
schoolhouse. 


Running 


taxes  voted 
for. 


necessary  out  of  the  fund  provided  for  that  purpose,  and 
make  sale  of  any  site  or  other  property  of  the  district  when 
lawfully  directed  by  the  qualified  voters;  but  no  district  in 
any  case  shall  build  a  stone  or  brick  school-house  upon  any 
site  without  having  first  obtained  a  title  in  fee  to  the  same, 
or  a  lease  for  ninety-nine  years;  nor  shall  any  district  build 
a  frame  school-house  on  any  site  for  which  they  have  not  a 
title  in  fee  or  a  lease  for  fifty  years,  without  securing  the 
privilege  of  removing  the  said  school-house  when  lawfully 
directed  so  to  do  by  the  qualified  voters  of  the  district  at 
any  annual  or  special  meeting,  when  lawfully  convened. 

TITLE  IN  FEE:  A  lease  to  a  school  district  "during  the  time  it  is  used 
for  school  purposes"  is  a  lease  in  perpetuity  at  the  will  of  the  lessee.  Since 
the  lessee  is  a  corporation  and  words  of  inheritance  are  not  required,  the 
lease,  if  a  present  consideration  is  paid,  operates  as  a  bargain  and  sale  and 
conveys  a  base  or  determinable  fee.  This  is  sufficient  to  satisfy  the  provi- 
sions of  the  school  law.  —  Sch.  Dist.  v.  Everett,  52/314. 

LEASES:  Schoolhouse  on  leased  land  belongs  to  district  and  may  be  re- 
moved within  reasonable  period.  —  Hayward  v.  Sch.  Dist.,  139/539.  Without 
due  notice  of  proposed  action  at  an  annual  meeting,  the  school  board  could  not 
change  a  site  and  place  a  schoolhouse  on  property  which  had  not  been  leased 
or  conveyed  to  the  board.  —  Calkins  v.  Rice,  170/234. 

(54)  §  5676.  SEC.  9.  The  district  board  shall  have 
authority  to  vote  such  taxes  as  may  be  necessary  for  the 
regular  running  expenses  of  the  school,  which  shall  include 
school  furnishings  and  all  appurtenances,  the  care  of  school 
property,  teachers'  wages,  water  supply,  premium  upon  in- 
demnity bond  for  the  treasurer  of  the  district,  transportation 
of  the  pupils,  record  books  and  blanks,  and  all  apparatus 
and  material  which  may  be  necessary  in  order  that  the 
schools  may  be  properly  managed  and  maintained,  and  for 
deficiencies  in  such  funds  for  the  preceding  year,  if  any,  and 
for  the  services  of  district  officers.  All  such  taxes  when  col- 
lected and  received  shall  be  accounted  for  under  the  title  of 
"general  fund;"  all  primary  money  shall  be  accounted  for 
under  the  title  of  "primary  fund:"  Provided,  That  the  tax 
for  the  services  of  district  officers  herein  provided  for  in  dis- 
tricts having  less  than  fifty  children  shall  not  exceed  twenty- 
five  dollars,  and  in  districts  having  between  fifty  and  one 
hundred  children  the  tax  shall  not  exceed  fifty  dollars,  the 
amounts  to  be  allowed  for  such  services  to  be  determined  by 
the  electors  at  the  annual  meeting.  When  the  taxes  herein 
provided  for  have  been  estimated  and  voted  by  the  district 
board,  they  shall  be  reported  for  assessment  and  collection 
the  same  as  other  district  taxes.  When  any  tax  has  been 
estimated  and  voted  by  the  district  board  or  by  the  district 
under  the  provisions  of  law,  and  the  money  is  needed  before 
it  can  be  collected,  the  district  board  may  borrow  on  the 
strength  of  such  tax  a  sum  not  exceeding  the  total  of  such 
tax. 

Am.  1907,  Act  91  ;  19O9,  Act  83  ;  1911,  Act  57  ;  1913,  Act  402. 

(55)  §  5677.  SEC.  10.  The  district  board,  or  board  of 
education,  shall,  between  the  second  Monday  in  July  and  the 


Accounting. 


Proviso. 


Assessment, 
etc. 


School  board, 


GENERAL    SCHOOL   LAWS.  29 

first  Monday  in  August  in  each  year,  make  out  and  deliver 
to  the  township  clerk  of  each  township  in  which  any  part  of 
the  district  is  situated,  a  report  in  writing  under  their  hands 
of  all  taxes  voted  by  the  district  during  the  preceding  year, 
and  of  all  taxes  which  said  board  is  authorized  to  impose, 
to  be  levied  on  the  taxable  property  of  the  district. 

Am.  1905,  Act  36. 

(5G)  §  5678.  SEC.  11.  The  district  board  shall  apply 
and  pay  over  all  school  moneys  belonging  to  the  district  in 
accordance  with  the  provisions  of  the  law  regulating  same, 
and  no  moneys  received  from  the  primary  school  fund  shall 
be  appropriated  to  any  other  use  than  the  payment  of  teach- 
ers' wages,  tuition  and  transportation  of  children  as  pro- 
vided by  law,  and  no  part  thereof  shall  be  paid  to  any  teacher 
who  shall  not  have  received  a  certificate  of  qualification  from 
proper  legal  authority  before  the  commencement  of  his 
school.  No  school  district  shall  apply  any  of  the  moneys  re-  sectarian 
ceived  by  it  from  the  primary  school  interest  fund  or  from  8( 
any  and  all  other  sources  for  the  support  and  maintenance 
pf  any  school  of  a  sectarian  character,  whether  the  same  be 
under  the  control  of  any  religious  society  or  made  sectarian 
by  the  school  district  board. 

Am.  1911,  Act  57. 

Proof  of  qualification. — Sch.  Dlst.  v.  Cook,   47/112. 

(57)  §  5G79.     SEC.  12.     Said  board  shall  present  to  the 
district,  at  each  annual  meeting,  a  report  in  writing,  contain-  reports, 
ing  an  accurate  statement  of  all  moneys  of  the  district  re- 
ceived by  them,  or  any  of  them,  during  the  preceding  year, 

and  of  the  disbursements  made  by  them,  with  the  items  of 
such  receipts  and  disbursements.  Such  report  shall  also  con-  Contents  of. 
tain  a  statement  of  all  taxes  assessed  upon  the  taxable  prop- 
erly of  the  district  during  the  preceding  year,  the  purposes 
for  which  such  taxes  were  assessed,  and  the  amount  assessed 
for  each  particular  purpose,  and  said  report  shall  be  entered 
by  the  director  in  the  records  of  the  district. 

(58)  §  5680.     SEC.  13.     The  district  board  shall  hire  and  Board 
contract  with  such  duly  qualified    teachers    as    may    be    re-  teachers, 
quired ;  and  all  contracts  shall  be  in  writing  and  signed  by  a  Contracts, 
majority  of  the  board  in  behalf  of  the  district.     Said  con-  Schoojjegister 
tracts  shall  specify  the  wages  agreed  upon  and  shall  require 

the  teacher  to  keep  a  correct  list  of  the  pupils,  grading  and 

the  age  of  each,  attending  the  school,  and  the  number  of  days  Record  of 

each  pupil  is  present,  the  aggregate  attendance,  average  daily  a 

attendance  and  percentage  of  attendance,  and  to  furnish  the 

director  with  a  correct  copy  of  the  same  at    the    close    of 

school.    Said  contract  shall  be  filed  with  the  director  and  a  contract  to 

duplicate  copy  of  the  contract    shall    be    furnished    to  the  be  flled' 

teacher.     No  contract  with  any  person  not  holding  a  legal  Teacher  must 

certificate  of  qualification  then  authorizing  such    person    to 


30  STATE    OF   MICHIGAN. 


teach  shall  be  valid,  and  all  such  contracts  shall  terminate 
if  the  certificate  shall  expire  by  limitation  and  shall  not  im- 
mediately be  renewed,  or  if  it  shall  be  suspended  or  revoked 
defined  m°nth  ^  proper  legal  authority.  A  school  month  within  the  mean- 
ing of  the  school  laws  shall  consist  of  four  weeks  of  five  days 
in  each  week,  unless  otherwise  specified  in  the  teacher's  con- 
tract. 

Am.  1901,  Acts  62  and  146. 

HIRE  AND  CONTRACT:  The  district  in  its  corporate  capacity  is  a  neces- 
sary party  to  the  contract. — Wall  v.  Eastman,  1  /  270.  A  teacher  can  be 
lawfully  employed  only  by  convening  the  board. — Hazen  v.  Lerche,  47  /  626. 
Contracts  may  be  made  before  beginning  of  the  school  year. — S'ch.  Dist. 
v.  Cook,  47  / 112 ;  Tappan  v.  Sch.  Dist.,  44  /  500 ;  Cleveland  v.  Amy,  88  / 
376 ;  Farrell  v.  Sch.  Dist.,  98  /  45.  The  power  to  employ  teachers  conferred 
upon  district  boards  of  primary  schools  by  this  section  is  co-extensive  with 
that  conferred  upon  the  boards  of  trustees  of  graded  schools  by  section  122. 
— Id.  376.  Where  a  contract  was  signed  by  the  director  and  the  teacher,  the 
moderator  wrote  "approved"  upon  it  and  subscribed  it  as  moderator,  such 
approval  and  signature  was  treated  as,  in  legal  effect,  a  signing  of  the  con- 
tract— Everett  v.  Sch.  Dist.,  30/249.  When  the  contract  is  signed  by  a 
majority  of  the  board  only. — Crane  v.  Sch.  District.,  61  /  299.  Simultaneous 
signing  is  not  necessary. — Holloway  v.  Sch.  Dist.,  62  /  155  ;  Everett  v.  Sch. 
Dist.,  30/249.  It  is  the  business  of  school  districts  to  keep  up  public 
schools,  and  it  is  the  duty  of  the  officers  to  provide  teachers  and  to  make 
contracts  with  them.  It  is  their  duty  to  know  under  what  conditions  a 
teacher,  whom  they  know  to  be  teaching,  claims  to  act. — Holloway  v.  Sch. 
Dist.,  62  / 155.  A  teacher  has  a  right  to  suppose  his  contract  to  be  a  valid 
one  when  it  is  signed  by  a  sufficient  number  of  officers  and  he  is,  with  the 
personal  knowledge  of  the  whole  board,  permitted  and  encouraged  to  go  on. 
— Id.  156.  A  contract  valid  on  its  face,  actually  carried  out  in  full  with  the 
acquiescence  of  all  concerned,  cannot  be  subsequently  repudiated. — Id. 
The  provision  that  the  contract  shall  require  the  teacher  to  keep  a  list  of 
the  pupils,  etc.,  is  merely  directory.  Its  omission  will  not  invalidate  the 
contract. — Everett  v.  Sch.  Dist.,  30  /  249.  A  district  school  board  cannot 
discharge  a  teacher  for  incompetency,  in  the  absence  of  a  provision  to  that 
effect  in  the  contract. — Carver  v.  Sch.  Dist.,  113  /  524.  Where  a  contract 
has  been  terminated  by  the  board,  mandamus  will  not  lie  to  review  the 
board's  action  and  compel  payment  of  salary  claimed  under  the  contract. — • 
Coffin  v.  Detroit  Bd.  of  Ed.,  114  /  342 ;  Langston  v.  Sch.  Dist.  No.  3  of 
Springwells,  121/654.  A  resolution  to  hire  does  not  constitute  a  contract. 
All  contracts  must  be  in  writing. — Langston  v.  Sch.  Dist.  No.  3  of  Spring- 
wells,  121  /  654. 

QUALIFIED  TEACHER :  A  teacher  suing  for  his  wages  need  not  make 
profert  of  his  certificate,  but  the  granting  of  it  may  be  proved  by  parol. — 
Sch.  Dist.  v.  Cook,  47  / 112.  Normal  school  certificate  not  filed  or  recorded 
in  the  proper  office  (see  How.  4969)  until  after  contract  made. — Smith  v. 
Sch.  Dist.,  69  /  591.  Since  the  statute  makes  invalid  a  contract,  where  the 
teacher  holds  no  legal  certificate,  such  contract  cannot  be  made  the  basis  of 
a  recovery  of  salary. — Bryan  v.  Sch.  Dist.,  Ill  /  67. 

HOLIDAYS'  AND  INTERRUPTIONS:  Teaching  contracts  for  stated  per- 
iods are  subject  to  the  observance  of  recognized  holidays  and  there  can  be 
no  deductions  for  such  occasions  from  a  teacher's  wages. — Sch.  Dist.  v^  Gage, 
39  /  484 ;  Holloway  v.  Sch.  Dist.,  62  / 156.  Suspension  of  school  during  the 
prevalence  of  smallpox  is  no  defense  to  the  payment  of  the  teacher's  wages 
for  the  time  the  school  is  closed. — Dewey  v.  Sch.  Dist.,  43  /  480.  Payment 
of  wages  after  the  burning  of  the  schoolhouse. — Smith  v.  Sch.  Dist..  69  /  589. 

CONTRACTS :  Under  this  section,  providing  that  school  teachers'  con- 
tracts shall  be  in  writing,  and  signed  by  a  majority  of  the  district  board,  and 
shall  specify  the  wages,  etc.,  a  resolution  of  a  school  board  authorizing  the 
employment  of  a  specified  person,  though  supplemented  by  conversations  be- 
tween such  person  and  individual  members  of  the  board  in  respect  to  the 
terms  of  employment,  and  by  the  action  of  the  person  designated  in  appear- 
ing at  the  school  at  the  opening  of  the  term,  and  teaching  for  two  days 
without  objection,  does  not  constitute  a  contract  of  hiring  binding  UDon  the 
district. — Langston  v.  S'ch.  Dist.  No.  3  of  Springwells  Twp.,  121/654. 
Under  a  teacher's  contract  providing  that  she  should  teach  certain  terms  at 
a  stipulated  salary  "providing  satisfaction  is  given  to  the  school  board"  the 
board  had  a  right  to  say  whether  she  should  teach  the  spring  term,  and 
she  having  been  notified  of  their  determinaton  not  to  employ  her  before 
the  time  for  the  term  to  commence  she  could  not  recover  her  salary  though 
before  notice  she  had  taught  one  day  under  a  claim  that  the  spring  term 
had  begun. — Kingston  v.  Sch.  Dist.  No.  5,  Decatur  Twp.,  140  /  603.  When 
a  teacher's  contract  provides  that  it  may  be  terminated  on  thirty  days' 
notice,  a  notice  to  terminate  is  effectual  though  given  before  the  commence- 
ment of  service  and  it  is  within  the  powers  of  the  board  of  education  to 
make  such  contract. — Dees  v.  Board  of  Education  of  Detroit,  146  /  64. 
Under  the  above  section,  requiring  all  contracts  by  school  district  boards 
with  teachers  to  be  in  writing,  an  oral  contract  with  a  teacher  to  continue 
the  school  for  a  month,  after  the  expiration  of  his  written  contract  is  not 
enforceable  though  such  teacher  has  performed  the  services. — Hutchins  v. 
School  District  No.  1  of  Colfax  Township,  128/177. 


GENERAL  SCHOOL  LAWS.  31 

CONTRACTS  AND  QUALIFIED  TEACHERS:  A  contract  between  a 
teacher  and  a  graded  school  district  is  invalid,  unless  the  teacher,  at  the 
time  of  making  the  contract  has  the  certificate  required  by  section  217, 
authorizing  her  to  teach  during  the  term  covered  by  the  contract ;  obtain- 
ing a  certificate  after  the  making  of  the  contract,  and  before  the  commence- 
ment of  school,  is  not  a  compliance  with  the  statute. — McCloskey  v.  Sch. 
Dist.  No.  5,  Wheatland,  134/235. 

(59)  §  5681.     SEC.  14.     The  district  board  shall  provide  garland  U8e 
a  water  supply  for  pupils,  have  the  care  and  custody  of  the  house.00 
school  house  and  other  property  of  the  district,  except  so  far 

as  the  same  shall  by  vote  of  the  district  be  especially  con- 
fided to  the  custody  of  the  director,  including  all  books  pur- 
chased for  the  use  of  indigent  pupils,  and  shall    open    the 
school  house  for  public  meetings  unless  by  a  vote  at  a  district 
meeting  it  shall  be  determined  otherwise:     Provided,  That 
said  board  may  exclude  such  public. meetings  during  the  five  meetings  at 
school  days  of  each  week  of  any  and  all  school  terms,  or  such  C( 
parts  thereof  as  in  their  discretion  they  may  deem  for  the 
best  interest  of  the  schools. 

Am.  1901,  Act  146. 

The  board  has  the  care  and  custody  of  all  the  property  and  moneys  of 
the  district,  except  what  may  be  especially  confided  to  the  director. — Maynard 
v.  Woodward,  36  /  424  ;  Ekhardt  v.  Darby,  118  /  199. 

(60)  §  5682!     SEC.  15.     In  addition  to  the  branches  in  Branches  of 
which  instruction  is  now  required  by  law  to  be  given  in  the 

public  schools  of  the  state,  instruction  shall  be  given  in 
physiology  and  hygiene,  with  a  special  reference  to  the  nature 
of  alcohol  and  narcotics,  and  their  effects  upon  the  human 
system.  Such  instruction  shall  be  given  by  the  aid  of  text- 
books in  the  case  of  pupils  who  are  able  to  read,  and  as 
thoroughly  as  in  other  studies  pursued  in  the  same  school. 
The  text-books  to  be  used  for  such  instruction  shall  give  at  Text-books, 
least  one-fourth  of  their  space  to  the  consideration  of  the 
nature  and  effects  of  alcoholic  drinks  and  narcotics,  and  the 
books  used  in  the  highest  grade  of  graded  schools  shall  con- 
tain at  least  twenty  pages  of  matter  relating  to  this  subject. 
Text-books  used  in  giving  the  foregoing  instruction  shall  first 
be  approved  by  the  state  board  of  education.  Each  school 
board  making  a  selection  of  text-books  under  the  provisions 
of  this  act  shall  make  a  record  thereof  in  its  proceedings, 
and  text-books  once  adopted  under  the  provisions  of  this  act 
shall  not  be  changed  within  five  years,  except  by  the  consent 
of  a  majority  of  the  qualified  voters  of  the  district  present  at 
an  annual  meeting  or  at  a  special  meeting  called  for  that 
purpose.  The  district  board  shall  require  each  teacher  in  the  her  to 
public  schools  of  such  district,  before  placing  the  school  reg- 
ister  in  the  hands  of  the  directors,  as  provided  in  section 
thirteen  of  this  act,  to  certify  therein  whether  or  not  instruc- 
tion has  been  given  in  the  school  or  grade  presided  over  by 
such  teacher  as  required  by  this  act,  and  it  shall  be  the  duty 
of  the  director  of  the  district  to  file  with  the  township  clerk 
a  certified  copy  of  such  certificate.  Any  school  board  neg-  Penalty, 
lectiug  or  refusing  to  comply  with  any  of  the  provisions  of 


32 


STATE    OF    MICHIGAN. 


this  act  shall  be  subject  to  fine  or  forfeiture  the  same  as  for 
neglect  of  any  other  duty  pertaining  to  its  office.  This  sec- 
tion shall  apply  to  all  schools  in  the  state,  including  schools 
in  cities  or  villages  whether  incorporated  under  special  char- 
ter or  under  the  general  laws. 


Application 


Purchase  of 
books  for 
poor  children. 


Board  to 
establish 
rules  for 
schools. 


May  suspend 
or  expel 
disorderly 
pupils. 

Penalty  for 

disturbing 

school. 


Am.   1911,   Act  217. 

Western  Pub.  House  v.  Sch.  Dist.,  94/265.  This  section  applies  to  city 
schools  organized  under  a  special  charter  which  does  not  provide  for  an  an- 
nual school  meeting. — Jones  v.  Board  of  Ed.  of  Detroit,  88  /  373.  The  power 
to  adopt  text-books  Is  conferred  by  law  and  cannot  be  affected  by  any  rule 
of  the  board  of  education  fixing  a  time  for  the  reconsideration  of  motions 
and  resolutions.  Id.  347.  As  to  suspension  of  by-law  regulating  adoption 
of  text-books,  see  Kendall  v.  Board  of  Education,  106/681. 

TEXT-BOOKS :  The  provision  of  the  law  that  text-books  once  adopted 
shall  not  be  changed  within  five  years,  was  designed  to  protect  the  public 
and  not  for  the  benefit  of  book  publishers.  A  resolution  of  the  board  di- 
recting the  purchase  of  a  specified  number  of  text-books  for  use  in  the  school 
constituted  an  adoption  of  that  book.  The  five  years  began  to  run  from 
the  date  of  such  resolution,  not  from  the  time  the  books  were  completely 
Installed  in  the  school.  The  provisions  of  the  statute  that  all  text-books 
shall  be  uniform  on  any  one  subject,  requires  uniformity  in  the  books  used 
in  the  same  grade  only,  and  does  not  require  that  all  text-books  used  in  the 
different  grades  on  the  same  subject  shall  be  of  the  same  series.  A  resolution 
of  the  board  to  purchase  certain  text-books  for  "supplementary  use"  shows 
no  intention  to  adopt,  and  is  illegal  and  void. — Att'y  Gen.  ex  rel.  Marr  v. 
Bd.  Edu.  Detroit,  133  /  681.  Under  the  local  act  creating  it  (Act  233  of  1869) 
the  Detroit  board  of  education  cannot  buy  school  books  for  high  school  students 
and  sell  them  at  cost. — Attorney  General  v.  Board  of  Education,  175  /  438. 

(61)  §  5683.     SEC.  16.    The  district  board  may  purchase 
at  the  expense  of  the  district,  such  text-books  as  may  be  nec- 
essary for  the  use  of  children  when  parents  are  not  able  to 
furnish  the  same,  and  they  shall  include  the  amount  of  such 
purchase  in  the  report  to  the  township  clerk  or  clerks,  to  be 
levied  in  like  manner  as  other  district  taxes. 

(62)  §  5684.     SEC.  17.     The  district  board  shall  have  the 
general  care  of  the  school,  and  shall  make  and  enforce  suit- 
able rules  and  regulations  for  its  government  and  manage- 
ment, and  for  the  preservation  of  the  property  of  the  district. 
Said  board  may  authorize  or  order  the  suspension  or  expul- 
sion from  the  school,  whenever  in  its  judgment  the  interests 
of  the  school  demand  it,  of  any  pupil  guilty  of  gross  mis- 
demeanor or  persistent  disobedience.    Any  person  who  shall 
disturb  any  school  by  rude  and  indecent  behavior,  or  by  pro- 
fane or  indecent  discourse,  or  in  any  other  way  make  such 
disturbance,    shall,    on  conviction  thereof,  be  punished  by  a 
fine  not  less  than  two  nor  more  than  fifty  dollars,  or  by  im- 
prisonment in  the  county  jail  not  exceeding  thirty  days. 

EXPULSION  :  It  is  not  necessary  that  a  pupil  be  guilty  of  a  criminal  act 
before  he  can  be  suspended  or  expelled  from  school.  He  must  be  guilty  of 
some  wilful  or  malicious  act  of  detriment  to  the  school  and  the  misconduct 
must  be  gross — something  more  than  a  petty  or  trivial  offense  against  the 
rules — or  he  must  be  persistent  in  his  disobedience  of  the  proper  and  reason- 
able rules  and  regulations  of  the  school.  A  boy  cannot  be  expelled  or  sus- 
pended for  a  careless  act,  no  matter  how  negligent,  if  it  is  not  wilful  or 
malicious. — Holman  v.  Sch.  Dist.,  77  /  609. 

MISDEMEANOR :  The  meaning  of  the  word  "misdemeanor"  in  this  sec- 
tion is  gross  misconduct  or  gross  misbehavior,  not  necessarily  a  criminal  act. 
—Holman  v.  Sch.  Dist.,  77/606-7. 

The  ruling  of  the  school  board  of  1894  required  all  children  to  be  vac- 
cinated before  attending  the  public  school.  George  Mathews,  having  three 
children  of  school  age.  who  had  not  been  vaccinated,  brought  mandamus  pro- 
ceedings in  the  circuit  court  to  compel  the  school  board  to  admit  the  chil- 
dren to  the  public  school.  Held,  that  school  board  under  this  section  had  no 
authority  to  compel  children  to  be  vaccinated  before  entering  public  school. 
It  is  the  opinion  of  the  court,  however,  that  in  case  there  had  been  an 
epidemic  of  smallpox  in  the  city  at  that  time  the  board  would  have  th.e 


GENERAL    SCHOOL    LAWS.  33 

authority  to  temporarily  close  the  school,  or  say  who  shall  be  excludod  from 
the  school  until  the  epidemic  is  passed.  A  school  district  board,  by  virtue 
of  the  authority  conferred  on  it  by  statute  to  enact  rules  for  the  manage- 
ment of  the  schools,  has  no  power  to  adopt  a  general,  continuing  rule,  opera- 
tive without  regard  to  varying  conditions,  excluding  from  the  schools  all 
pupils  who  have  not  been  vaccinated. — Mathews  v.  Kalamazoo  Board  of  Edu- 
cation, 127/530. 

RULES  :  A  board  of  education  under  authority  of  the  statute  has  power 
to  make  rules  requiring  children  to  go  directly  home  after  school.  A  prin- 
cipal is  not  liable  for  damages  who  enforces  such  a  rule. — Jones  v.  Cody, 
132/13. 

(C3)  §  5fi85.  SEC.  18.  All  persons  residents  of  any  who  can  at- 
school  district,  and  five  years  of  age,  shall  have  an  equal  right  tend  echooL 
to  attend  any  school  therein;  and  no  separate  school  or  de-  NO  separate 

.    J,1   ,  school  on 

partment  shall  be  kept  for  any  persons  on  account  of  race  or  account  of 
color:  'Provided,  That  this  shall  not  be  construed  to  prevent  race- etc- 
the  grading  of  schools  according  to  the  intellectual  progress  Grading  not 
of  the  pupil,  to  be  taught  in  separate  places  as  may  be  deemed  p 
expedient. 

It  is  the  requirement  of  the  general  law  that  the  right  to  attend  the 
schools  shall  be  possessed  equally  and  impartially  by  all  classes  of  residents. 
— People  v.  Detroit  Bd.  of  Ed.,  18/413.  And  mandamus  will  lie  at  the  in- 
stance of  a  father  to  compel  the  admission  of  his  child  to  school. — Id.  But 
children,  not  bona  fide  residents  of  a  family  in  a  school  district  but  inmates  in 
an  institution  of  a  charitable  nature  in  such  district,  engaged  in  supporting 
and  educating  homeless  and  needy  minors,  and  which  does  not  contribute  by 
paying  taxes  to  the  maintenance  of  district  schools,  are  not  entitled  to  attend 
school  in  a  district  which  has  determined  not  to  admit  nonresident  pupils. — 
Lake  Farm  v.  Dist.  Bd.  of  Dist.  No.  2,  Kalamazoo  Township,  179  /  171. 

(64)  §  5GSO.     SEC.  19.     The  district  board  may  admit  to  District 
the  district  school  non-resident  pupils  and  may  determine  the  admit8non^ 
rates  of  tuition  of  such  pupils  and  collect  the  same,  which  resident 
tuition  shall  not  be  greater  than  fifteen  per  cent  more  than  p 

the  average  cost  per  capita  for  the  number  of  pupils  of  school 

age  in  the  district.     Children  who  are  being   cared    for    at  children  who 

county  expense  shall  be  admitted  to  the  school  in  the  district  ?nar£e°tonbe 

whose  school-house  is  nearest  the  county  house,  on  the  same  admitted- 

terms  that  other  non-resident  pupils    are    admitted.     When 

non-resident  pupils,  their  parents  or  guardians,  pay  a  school 

tax  in   said  district,  such  pupils  shall  be  admitted  to   the 

schools  of  the  district,  and  the  amount  of  such  school  tax 

shall  be  credited  on  their  tuition  a  sum  not  to  exceed  the 

amount  of  such  tuition,  and  they  shall  only  be  required  to 

pay  tuition  for  the  difference  therein. 

TUITION :  Before  any  action  can  be  maintained  for  the  tuition  of  non- 
resident pupils,  the  district  board  must  first  fix  and  determine  the  rate  of 
tuition  of  such  pupils,  by  resolution  of  the  board  properly  recorded  by  the 
director  fn  the  records  of  the  district.— Thompson  v*  S'cb.  Dist.,  25  /  4S3, 

MODERATOR. 

(65)  §  5687.    SEC.  20.    It  shall  be  the  duty  of  the  moder-  Duties, 
ator  of  each  school  district : 

First,  To  preside,  when  present,  at  all  meetings  of  the  dis-  TO  preside, 
trict  and  of  the  board; 

Second,    To  countersign  all  orders  legally  drawn    by   the  countersign 
director  upon  the  treasurer  for  moneys  to  be  disbursed  by  the  order8* et^- 
district,  and  all  warrants  of  the  director  upon  the  township 
5 


34 


STATE    OF    MICHIGAN. 


treasurer  for  moneys  raised  for  district  purposes,  or  appor- 
tioned to  the  district  by  the  township  clerk ; 

Third,  To  cause  an  action  to  be  prosecuted  in  the  name  of 
the  district  on  the  treasurer's  bond,  in  case  of  any  breach  of 
any  condition  thereof; 

Fourth,  To  perform  such  other  duties  as  are  or  shall  be  by 
law  required  of  the  moderator. 


When  to 
bring  suit 
on  treasur- 
er's bond. 


Am.   1903,  Act  49. 

SECOND:  Countersigning  orders. — Wall  v.  Eastman,  1/268;  Sch.  Dist., 
v.  Mallary,  22  /  111.  The  moderator  has  the  right  to  satisfy  himself  that 
the  claim  for  which  the  order  was  drawn  is  a  valid  one. — S'tockwell  v.  White 
Lake  Twp.  Bd.,  22  /  341  ;  People  v.  Bender,  36  / 195.  But  it  must  be  a  very 
plain  case  of  wrong  where  the  moderator  can  refuse  to  enable  the  district 
to  obtain  its  own  funds. — People  v.  Bender,  36  / 197.  The  director  is  a 
proper  relator  for  mandamus  to  compel  the  moderator  to  countersign. — Id. 
Where  an  order  purports  upon  its  face  to  be  issued  by  a  school  district,  and 
is  signed  by  the  school  officers  in  the  ordinary  place  for  signatures,  and  at 
the  left,  in  fine  print,  are  the  words,  "Issued  by  authority  of  the  officers 
of  said  district,  and  payment  guaranteed,"  and  a  space  left  underneath  for 
the  signatures  of  the  guarantors.  Held,  That  the  purchaser  took  the  order 
subject*  to  the  authority  of  the  school  district  to  issue.  That  such  school 
officers  are  not  liable  as  guarantors. — Bailey  v.  Tompkins,  127  /  74. 


Director, 
duties. 


To  record 
proceedings. 


Notice  of 
meetings. 


Warrants 
and  orde'rs. 


Teachers' 
contracts. 


Appendages. 


What 
constitutes. 


DIRECTOR. 

(66)  §  5688.  SEC.  21.  It  shall  be  the  duty  of  the  direc- 
tor of  each  school  district: 

First,  To  act  as  clerk,  when  present,  at  all  meetings  of  the 
district  and  of  the  board; 

Second,  To  record  the  proceedings  of  all  district  meetings, 
and  the  minutes  of  all  meetings,  orders,  resolutions  and  other 
proceedings  of  the  board  in  proper  record  books ; 

Third,  To  give  the  prescribed  notice  of  the  annual  district 
meeting,  and  of  all  such  special  meetings  as  he  shall  be 
required  to  give  notice  of  in  accordance  with  the  provisions 
of  law; 

Fourth,  To  draw  and  sign  warrants  upon  the  township 
treasurer  for  all  moneys  raised  for  district  purposes,  or  ap- 
portioned to  the  district  by  the  township  clerk,  payable  to 
the  treasurer  of  the  district,  and  orders  upon  the  treasurer 
for  all  moneys  to  be  disbursed  by  the  district,  and  present 
them  to  the  moderator,  to  be  countersigned  by  that  officer. 
Each  order  shall  specify  the  object  for  which  and  the  fund 
upon  which  it  is  drawn; 

Fifth,  To  draw  and  sign  all  contracts  with  teachers,  when 
directed  by  the  district  board,  and  present  them  to  the  other 
members  of  the  board  for  further  signature; 

Sixth,  To  provide  the  necessary  appendages  for  the  school- 
house  and  keep  the  same  in  good  condition  and  repair  during 
the  time  school  shall  be  taught  therein.  Necessary  append- 
ages within  the  meaning  of  the  law  shall  consist  of  the  follow- 
ing articles,  to- wit:  A  set  of  wall  maps,  the  grand  divisions, 
the  United  States  and  Michigan,  not  exceeding  twelve  dollars 
in  price,  a  globe  not  exceeding  eight  dollars,  a  dictionary  not 
exceeding  ten  dollars,  a  reading  chart  not  exceeding  five 
dollars,  and  a  case  for  library  books  not  exceeding  ten  dol- 
lars; also  a  looking-glass,  comb,  towel,  water  pail,  cup,  ash 
pail,  poker,  stove  shovel,  broom,  dust  pan,  duster,  wash  basin 


GENERAL    SCHOOL    LAWS.  35 

and  soap,  and  upon  the  order  of  the  district  board  shall  other 
furnish  the  school  house  with  such  other  apparatus  as  may  be  appar 
necessary  for  doing  efficient  work; 

Seventh,    To  keep  an  accurate  account  of  all  expenses  in-  TO  keep 
cnrred  by  him  as  director,  and  such  accounts  shall  be  audited  a 
by  the  moderator  and  treasurer,  and  on  their  written  order 
siiall  be  paid  out  of  any  money  provided  for  the  purpose; 

Eighth,   To  present  at  each  annual  meeting  an  estimate  of  Estimate  of 
the  expenses  necessary  to  be  incurred    during    the    ensuing  expec 
year  by  the  director  as  provided  by  law,  and  for  the  payment 
of  the  services  of  any  district  officer; 

Ninth,  To  preserve  and  tile  copies  of  all  reports  made  to  the  TO  preserve 
school    inspeHors    and    safely    preserve    and    keep  all  books,  r€ 
papers   ai'd    other   documents   belonging   to   the  office  of   di- 
rector or  to  the  district,  when  not  otherwise  provided  for, 
{Mid  to  deliver  the  same  to  his  successor  in  office; 

Tenth,    To  perform  such  other  duties  as  are  or  shall  be  re-  other dutie  . 
quired   of   the  direcior  by  law  or  the  district    board. 

Am.   1901,  Act  105  :  1909,   Act  173. 

SECOND  :  Proceedings  which  are  required  to  be  recorded  cannot  be  proved 
by  parol. — Thompson  v.  Sch.  Dist.,  25  /  488. 

FOURTH  :  The  warrant  for  payment  by  the  treasurer  to  the  assessor  of 
moneys  belonging  to  the  district  is  an  official  order  for  the  transfer  of  funds, 
not  negotiable  and  not  legally  payable  to  any  person  but  the  officer  named. — 
Fox  v.  Shipman.  19/218;  Burns  v.  Bender,  36/195.  See  Sch.  Dist.  v.  Mal- 
lary,  23/111;  Sch.  Dist.  v.  Sch.  Dist.,  40/551.  The  duty  of  procuring  this 
transfer  of  district  moneys,  within  some  reasonable  time  is  not  discretionary, 
but  absolute,  upon  the  director,  and  the  moderator  is  bound  to  countersign 
all  orders  of  the  director  for  that  purpose. — Burns  v.  Bender,  36/197.  The 
1  own  ship  treasurer  must  pay  so  much  of  the  money  in  his  hands>  as  is  cov- 
ered by  the  director's  warrant  in  proper  form,  even  though  it  does  not  specify 
a  precise  sum,  but  is  for  all  such  money  in  his  hands  as  was  raised  for  the 
purposes  of  the  district. — Bryant  v.  Moore,  50/225.  The  disbursement  of 
all  school  moneys  must  be  made  upon  orders  drawn  on  the  assessor  by  the 
director,  countersigned  by  the  moderator. — Burns  v.  Bender,  36  /  195  ;  Mid- 
land Sch.  Dist.  v.  Sch.  Dist,  40/551;  Sch.  Dist.  v.  Mallary,  23/111. 

SIXTH  :  See  section  46  subd.  7.  See,  also  Sch.  Dist.  v.  Snell,  24  /  350 ; 
Cent.  Sch.  Supply  House  v.  Sch.  Dist.,  99  /  402.  Removal  of  director  from 
office  for  persistent  refusal  and  neglect  to  put  the  furniture,  etc.,  of  the 
school  house  in  order  aad  repair. — Twp.  Board  of  Hamtramck  v.  Holihan, 
46  /  127. 

SEVENTH:  Assumpsit  will  lie  in  favor  of  the  director  of  a  school  dis- 
trict on  a  disputed  claim,  the  moderator  and  assessor  having  declined  to  pass 
upon  the  same  as  an  entirety  under  this  subdivision. — Van  Wert  v.  Sch.  Dist., 
100  /  332. 

EIGHTH  :  Prior  to  1859,  no  provisions  of  law  existed  for  paying  any  of 
the  officers  for  services  rendered. — Hinman  v.  Sch.  Dist.,  4  / 168. 

(67)     §  5689.     SEC.  22.    It  shall  be  the  duty  of  all  school  school  census, 
boards   and  boards  of  education  in  this  state  to  makfe  an  annual- 
annual  school  census  in  their  respective  districts  or  cities  as 
is  provided  in  this  section : 

First,    In  all  school  districts,  except  in  incorporated  cities  HOW  and 
having  a  population  of  three  thousand  or  over,  within  fifteen  when  taken- 
days  next  previous  to  the  first  day  in  June  of  each  year,  the 
director,  or  such  other  reputable  and  capable  person  or  per- 
sons as  the  district  board  may  appoint,  shall  take  the  school 
census  of  the  district  and  make  a  list  in  writing  of  the  names 
and  ages  of  all  the  children  who  are  five  years  of  age,  and 
under  twenty  years  of  age,  whose  parents  or  legal  guardians 
reside  therein,  the  names  of  said  parents  or  guardians,  giving 


STATE    OP   MICHIGAN. 


Certain  cities, 
how  census 
taken. 


street  and  residence  number  in  villages  and  cities,  in  such 
form  as  the  superintendent  of  public  instruction  may  pre- 
scribe, and  said  list  shall  be  verified  by  the  oath  or  affirma- 

Affldavit.  tion  of  the  person  taking  such  census,  by  affidavit  appended 
thereto  or  endorsed  thereon,  setting  forth  that  the  person  or 
persons  taking  such  census  made  a  house  to  Ijouse  canvass 
of  the  entire  district  or  portion  thereof  canvassed  by  said 
enumerator  and  that  it  is  a  correct  list  of  the  names  of  all  the 
children  between  the  ages  aforesaid  residing  in  the  district. 

where  made.  Said  affidavit  may  be  made  before  the  township  clerk  or  other 
officer  authorized  by  law  to  take  acknowledgments;  and  said 
verified  census  list  shall  be  returned  with  the  annual  report 
of  the  director  to  the  township  clerk  before  the  first  Monday 

compensation,  in  August  thereafter.  The  director,  or  other  person  employed 
by  the  board  of  education,  may  receive  as  compensation  for 
taking  said  census,  such  sum  as  the  school  board  may  direct, 
not  exceeding  one  hundred  dollars; 

Second,  In  all  incorporated  cities  or  special  legislative  dis- 
tricts having  a  population  of  three  thousand  or  over,  within 
twenty  days  next  previous  to  the  first  day  in  June  of  each 
year,  the  secretary  of  the  board  of  education,  or  other  reputa- 
ble and  capable  person  or  persons  employed  by  the  board  of 
education,  shall  take  the  school  census  of  said  city  as  follows: 

(a)  The  census  shall  be  taken  and  reported  by  wards; 

(b)  Each  enumerator  shall  make  a  list  in  writing  of  the 
names  and  ages  of  all  children  who  are  five  years  of  age  and 
under  twenty  years  of  age,  whose  parents  or  legal  guardians 
reside  in  the  ward  or  portion  of  the  ward  allotted  to  said 
enumerator,  together  with  the  names  of  said  parents  or  legal 
guardians,  giving  the  street  and  residence  number  in  each 
case,  said  list  to  be  in  such  form  as  the  superintendent  of 
public  instruction  may  prescribe,  and  it  shall  be  verified  by 
the  oath  or  affirmation  of  the  person  making  the  same,  by 
affidavit  appended  thereto  or-indorsed  thereon,  setting  forth 
that  the  person  or  persons  taking  such  census  made  a  house 
to  house  canvass  of  the  entire  ward  or  portion  thereof  can- 
vassed by  said  enumerator  and  that  it  is  a  correct  list  of  the 
parents  or  legal  guardians,  their  street  and  residence  num- 
ber, the  names  and  ages  of  all  the  children  of  the  ages  afore- 
said residing  in  the  ward  or  part  thereof  as  allotted  to  him ; 

Third,  In  taking  the  census  in  any  school  district  or  city 
the  director  or  enumerators  shall  not  include  in  the  census 
the  names  of  any  child  or  children  in  reformatories  or  pris- 
ons; nor  the  names  of  any  child  or  children  in  asylums, 
almshouses,  or  other  charitable  institutions  except  as  fol- 
lows : 

(a)  Children  in  such  institutions  who  regularly  attend 
the  public  schools ; 

(b)  Orphans  whose  parents  at  the  time  of  death  resided  in 
such  school  district  or  city.   Children  of  either  class  shall  be 
included  in  the  district  or  ward  where  such  institution  is  lo- 


Children  not 
included. 


GENERAL    SCHOOL   LAWS.  37 

cated,  except  children  in  class  (a)  where  the  parents  or 
either  of  them,  reside  in  the  city  or  district,  and  in  such  cases 
the  legal  residence  of  the  child  is  that  of  the  parent.  Indian 
children  shall  not  be  included  in  any  census,  unless  they  at- 
tend the  public  schools,  or  their  parents  are  liable  to  pay 
taxes  in  the  district  or  city.  Domestics,  bell  boys,  and  other 
servants,  if  entitled  to  be  included  in  the  census,  must  be 
recorded  at  the  residence  of  their  parents  or  legal  guardians. 

Fourth,  In  cities  having  a  population  of  three  thousand  or  compiling, 
over,  the  secretary  of  the  board  of  education  and  the  several  etc> 
enumerators  shall,  immediately  after  the  first  day  in  June  of 
each  year,  compare,   correct  and  compile  the  entire  census. 
The  said  secretary  of  the  board  of  education  shall  then  attach  Affidavit, 
thereto  his  affidavit  that  the  several  enumerators  were  duly 
employed  by  the  board  of  education  and  that  said  census  has 
been  properly  compared,  corrected  and  compiled;  and  forth-  Wheimi    d 
with,  and  before  the  second  Monday  in  July  thereafter,  trans- 
mit to  the  superintendent  of  public  instruction  the  entire  cen- 
sus, together  with  his  affidavit  and  the  affidavits  of  the  sev- 
eral enumerators,  and  at  the  same  time  he  shall  transmit  to 
said  superintendent  of  public  instruction  the  annual  statisti- 
cal and  financial  report  of  said  city  or  district. 

Am.  1903,  Act  218  ;  1905,  Act  36  ;   1911,  Act  90. 

It  was  an  improper  exercise  of  the  discretion  of  the  superintendent  of  public 
instruction  to  reject  from  the  list  of  names  91  school  children,  whose  parents 
or  guardians,  as  shown  in  the  report  of  the  secretary  of  the  public  schools,  re- 
sided in  the  district,  and  it  was  unlawful  to  reject  the  names  of  five  children 
who  were  orphans  attending  school  in  the  city  and  living  with  relatives  that 
stood  in  loco  parentis. — Muskegon  Public  Schools  v.  Wright,  176/6. 

( OS »     $  r>(i<)0.     SEC.  22a.     Any  person  who  shall  refuse  to  penalty  for 
give  any  census    enumerator   of  school    children    the     neces-  formation 
sary  information  for  the  compiling  of   a    correct    census    or  for  school 
who  shall  intentionally  give   to    such    enumerator  any  false  c< 
information  as  to  the  names  or  ages  of  schooH  children  or  as 
to   the   names    or   residence  of  the  parents  or  guardians  of 
any  school  children,  or  any  school  census  enumerator  who 
shall  perform  his  duties  carelessly   or   negligently    or   shall 
include  in  the  list  of  names  of  school  children  any  children 
who  are  not  actually  residents  of  the  city  or  district,  shall 
be  guilty  of  a  misdemeanor,  and  upon  conviction  thereof  in 
a  court  of  competent  jurisdiction,  shall  be  liable  to  a  fine  of 
not  less  than  five  dollars  nor  more  than  fifty  dollars,  or  to 
imprisonment  in  the  county  jail  for  not  more  than  twenty 
days,  or  both  such  fine  and  imprisonment  in  the  discretion  of 
the  court. 

Am.  1905,  Act  208. 

((50)      §  5691.     SEC.   23.     The  director  shall  also,  at  the  Rep0rt  to 
end  of  the  school  year,  and  previous  to  the  first  Monday  in  S§5?°wh"8tto" 
August  in  each  year,  deliver  to  the  township  clerk,  to  be  filed  contain. 
in  his  office,  a  report  to  the  board  of  school  inspectors  of  the 
township,  showing: 


STATE    OP    MICHIGAN. 


First,  The  whole  number  of  children  belonging  to  the  dis 
trict  between  the  ages  of  five  and  twenty  years,  according  to 
the  census  taken  as  aforesaid; 

Second,  The  number  attending  school  during  the  year  un- 
der five,  and  also  the  number  over  twenty  years  of  age; 

Third,  The  number  of  non-resident  pupils  of  the  district 
that  have  attended  school  during  the  year; 

Fourth,  The  whole  number  that  have  attended  school  dur- 
ing the  year; 

Fifth,  The  length  of  time  the  school  has  been  taught  dur- 
ing the  year  by  a  qualified  teacher,  the  name  of  each  teacher, 
the  length  of  time  taught  by  each,  and  the  wages  paid  to 
each; 

Sixth,  The  average  length  of  time  scholars  between  five 
and  twenty  years  of  age  have  attended  during  the  year; 

Seventh,  The  amount  of  money  received  from  the  town- 
ship treasurer  apportioned  to  the  district  by  the  township 
clerk ; 

Eighth,  The  amount  of  money  raised  by  the  district,  and 
the  purposes  for  which  it  was  raised; 

Ninth,    The  kind  of  books  used  in  the  school; 

Tenth,  Such  other  facts  and  statistics  in  regard  to  the 
schools  and  the  subject  of  education  as  the  superintendent  of 
public  instruction  shall  direct. 


Where 
director  of 
fractional 
district  to 
report. 


Treasurer  to 
file  bond. 


Premium. 


Am.  1905,  Act  36. 

(70)  §  5692.     SEC.  24.     The  director  of  each  fractional 
district  shall  make  his  annual  report  to  the  clerk  of  the  town- 
ship in  which  the  school-house  is  situated,  and  shall  also  re- 
port to  the  clerk  of  each  township  in  which  the  district  is  in 
part  situated,  the  number  of  children  between  the  ages  of  live 
and  twenty  years  in  that  part  of  the  district  tying  in  such 
township. 

TREASURER. 

(71)  §  5693.     SEC.  25.     It  shall  be  the  duty  of  the  treas- 
urer of  each  school  district: 

First,  To  execute  to  the  district  and  file  with  the  director, 
within  ten  days  after  his  election  or  appointment,  a  bond 
in  the  full  amount  of  money  to  come  into  his  hands  during 
each  year  of  his  term  of  office,  as  near  as  the  same  can  be 
ascertained,  with  two  or  more  sureties,  each  of  whom  shall 
be  required  to  justify  in  writing  and  under  oath  to  the 
amount  for  which  he  is  holden  in  said  bond ;  or  the  treasurer 
may  furnish  the  bond  of  some  surety  company  authorized 
to  do  business  in  this  state.  The  premium  on  said  surety 
bond  if  purchased  shall  be  paid  by  the  district;  the  form 
of  the  bond,  the  penalty  and  sufficiency  of  the  sureties  to 
be  subject  to  the  approval  of  the  moderator  and  director, 
conditioned  for  the  faithful  performance  of  his  duties  and 
the  proper  application  of  all  moneys  that  shall  come  into 


GENERAL    SCHOOL    LAWS.  39 

his  hands  by  virtue  of  his  office.  Said  bond  shall  be  filed  Filing  and 
with  the  director,  and  none  of  the  books  or  money  of  the  appro 
district  shall  be  placed  in  the  hands  of  the  treasurer  until 
his  bond  has  been  so  approved  and  filed,  and  in  case  of  any 
breach  of  the  conditions  thereof  the  moderator  shall  cause 
a  suit  to  be  commenced  thereon  in  the  name  of  the  district, 
and  any  moneys  collected  thereon  shall  be  paid  into  the  town- 
ship treasury  subject  to  the  order  of  the  district  officers,  and 
shall  be  applied  to  the  same  purposes  as  the  moneys  lost 
should  have  been  applied  by  the  treasurer :  Provided,  That 
if  the  treasurer  shall  deposit  the  money  in  any  bank  or 
trust  company  authorized  to  do  business  in  this  state,  such 
deposit  shall  be  made  in  his  name  as  treasurer  of  the  dis- 
trict, and  any  and  all  interest  paid  by  such  bank  or  company 
on  such  deposits  shall  be  accounted  for  by  the  treasurer 
to  the  district  and  credited  to  the  general  fund :  Provided, 
That  no  bank  or  depository  shall  receive  a  larger  deposit 
of  said  funds  than  the  amount  of  the  bond  as  hereinafter 
provided,  and  in  no  event  to  exceed  one  hundred  thousand 
dollars,  and  such  bank  or  banks  shall  give  good  and  sufficient 
bond  to  be  approved  by  the  district  board  conditioned  for  the 
receipt,  safe-keeping  and  payment  of  all  money  which  may 
come  into  its  custody,  in  the  amount  designated  as 
the  penalty  in  the  bond  furnished  by  the  district 
treasurer  to  the  district.  It  shall  be  the  duty  of  Duty  of 
the  treasurer  of  said  district  to  see  that  a  sum  in  excess  tr 
of  the  amount  of  the  bond  is  not  deposited  in  such  bank  or 
banks,  and  said  treasurer  and  his  bondsmen  shall  be  liable 
for  only  such  loss  occasioned  by  deposits  in  excess  of  the 
amount  of  such  bond.  The  district  board  of  each  district 
shall  determine  by  resolution  the  time  for  which  such  de- 
posits shall  be  made,  and  all  details  for  carrying  into  effect 
the  authority  herein  given,  but  all  such  proceedings  in  con- 
nection with  the  deposit  of  such  moneys  shall  be  conducted  in 
such  a  manner  as  to  insure  full  publicity  and  shall  be  open 
at  all  times  to  public  inspection:  Provided,  That  the  elec-  Proviso, when 
tors  at  the  annual  meeting  may  designate  a  depository  or 
depositories  in  which  the  funds  of  the  district  shall  be  de- 
posited: Provided,  however,  That  upon  failure  of  the  elec- 
tors at  such  annual  meeting  to  designate  such  depository 
or  depositories,  the  district  board  by  a  majority  vote  of  the 
members  thereof,  may  designate  a  depository  or  depositories 
in  which  the  funds  of  the  district  shall  be  deposited.  Upon 
designation  of  any  depository  or  depositories  in  compliance 
with  the  provisions  of  this  section,  it  shall  be  the  duty  of  the 
treasurer  to  deposit  all  funds  of  the  district  therein,  and 
in  such  proportion  and  manner  as  may  be  provided  by  said 
district  board.  Every  such  depository  so  named  shall  give 
such  bond  as  the  district  board  may  require  and  approve  for 
the  safe-keeping  and  accounting  of  such  funds,  in  which  case 


40 


STATE  OF  MICHIGAN. 


Orders. 


Record  kept. 


Suits. 


the  treasurer  shall  not  be  held  liable  for  any  neglect  or  de 
fault  by  any  such  depository  or  depositories ; 

Second,  To  pay  all  orders  of  the  director,  when  lawfully 
drawn  and  countersigned  by  the  moderator,  out  of  any 
moneys  in  his  hands  belonging  to  the  fund  upon  which  such 
orders  may  be  drawn; 

Third,  To  keep  a  book  in  which  all  moneys  received  and 
disbursed  shall  be  entered,  the  sources  from  which  the  same 
have  been  received,  and  the  persons  to  whom  and  the  objects 
for  which  the  same  have  been  paid; 

Annual  report.  Fourth,  To  present  the  district  board  at  the  close  of  the 
school  year  a  report  in  writing,  containing  a  statement  of  all 
moneys  received  during  the  preceding  year  and  each  item 
of  disbursements  made,  and  exhibit  the  voucher  therefor; 

Fifth,  To  appear  for  and  on  behalf  of  the  district  in  all 
suits  brought  by  or  against  the  same  when  no  other  direc- 
tions shall  be  given  by  the  qualified  voters  in  the  district 
meetings,  except  in  suits  in  which  he  is  interested  adversely 
to  the  district,  and  in  all  such  cases  the  moderator  shall 
appear  for  such  district  if  no  other  directions  be  given  as 
aforesaid ; 

Sixth,  At  the  close  of  his  term  of  office  to  settle  with  the 
district  board  and  deliver  to  his  successor  in  office  all  books, 
vouchers,  orders,  documents  and  papers  belonging  to  the 
office  of  treasurer,  together  with  all  district  moneys  remain- 
ing on  hand ; 

Seventh,  To  perform  such  other  duties  as  are  or  shall  be 
by  law  required  of  the  treasurer. 

Am.  1901,  Acts  62,  165;  1903,  Acts  21,  49;  1907,  Act  91;  1909,  Act  83; 
1911,  Act  218  ;  1915,  Act  40. 

FIRST:  An  assessor  cannot  lawfully  withhold  the  district  funds  In  his 
hand  when  demanded  by  his  successor,  upon  a  claim  that  he  is  entitled  to  be 
personally  notified  of  such  election  and  acceptance  of  office.  He  is  charge- 
able with  notice  of  such  facts  and  is  liable  to  an  action  for  money  had  and 
received  as  well  as  action  on  his  bond. — Mason  v.  Sch.  Dist.,  34/228.  See 
Welch  v.  Frost,  1  /  30  ;  also,  Bryant  v.  Moore,  50  /  225. 

SECOND:  See  section  65,  subd.  2,  and  section  66,  subd.  4,  and  notes. 
The  assessor  is  the  disbursing  officer  of  the  district. — Sch.  Dist.  v.  Mallary, 
23  /  111.  He  is  the  lawful  treasurer  and  depositary  of  school  district  funds 
and  all  moneys  must  pass  through  his  hands  and  be  paid  out  by  him  on 
proper  orders. — Sch.  Dist.  v.  Sch.  Dist.,  40/551.  Moneys  in  the  hands  of 
the  township  treasurer  belonging  to  a  school  district  cannot  be  applied  to 
any  district  purpose,  except  through  the  hands  of  the  assessor. — Burns  v. 
Bender,  36  / 198.  An  assessor  cannot  pay  out  any  money  lawfully  without 
a  warrant. — Id.  Interest  is  not  payable  on  school  district  orders  if  no 
authority  has  been  given  to  impose  it. — Turnbull  v.  Sch.  Dist.,  45  /  496.  But 
interest  may  be  allowed  from  demand  when  mandamus  is  granted  for  pay- 
ment, when  its  claim  is  such  a  settled  demand  as  would  sustain  a  recovery 
of  interest  at  law. — Martin  v.  Tripp,  51  / 184.  Mandamus  lies  to  compel 


Settlement, 
etc. 


a  district  to  pay  or  provide  for  the  payment  of  its  orders. — Turnbull  v. 
Sch.  Dist.,  45/496.  And  to  compel  an  assessor  to  pay  a  school  order,  where 
the  court  is  satisfied  that  there  is  no  valid  defense. — Martin  v.  Tripp,  51  / 
184.  A  showing  of  a  want  of  funds  is  a  complete  answer  to  an  application 
for  mandamus  to  require  an  assessor  to  pay  a  warrant  drawn  on  him. — 
Allen  v.  Frink,  32/96. 

FIFTH  :  The  management  and  control  of  suits  is  specially  confided  to  the 
assessor,  when  no  other  direction  is  given  in  district  meeting ;  the  moderator 
and  director,  though  constituting  a  majority  of  the  district  board,  have  no 
authority  to  take  the  defense  of  a  suit  from  the  assessor.  And  the  voters, 
as  such,  cannot  interfere. — Sch.  Dist.  v.  Wing,  30/351.  See  Benalleck  v. 
People,  31  /  204.  An  appeal  taken  in  the  name  of  the  district  without  the 
authority  of  the  assessor,  if  he  is  competent  to  act,  is  void. — Id.  Whether  he 
is  a  proper  relator  for  mandamus  to  compel  the  moderator  to  sign  the  di- 
rector's warrants,  see  Burns  v.  Bender,  36  /  197. 

SIXTH :  Deposits  in  a  bank :  Where  money  belonging  to  a  board  of 
education  or  a  school  district  is  deposited  in  a  bank  with  the  knowledge  of 


GENERAL  SCHOOL  LAWS.  41 


the  board  and  the  district  receives  interest  thereon,  the  district  does  not  be- 
come a  preferred  creditor  upon  failure  of  bank. — Bd.  of  Ed.  City  of  Detroit 
v.  Union  Trust  Co.,  136/454. 

LIABILITIES  ON  BOND :  Misconduct  of  a  board  of  education  in  ap- 
pointing a  certain  person  treasurer  in  consideraton  of  a  promise  to  pay 
interest  on  funds  does  not  render  appointment  void  nor  release  sureties.  The 
depositing  of  funds  in  a  bank  of  which  the  treasurer  is  an  officer  does  not 
make  the  deposit  the  board's  act  so  as  to  release  sureties  on  the  treasurer's 
bond. — Board  of  Education  of  Detroit  v.  Andrews,  142  /  484. 


CHAPTER  IV. 

TOWNSHIP    CLERK. 

(72)     §  5694.     SEC.  7.     The  township  clerk    shall    receive  Triplicate 
the  annual  reports  of  the  school  directors  of  his  township.  wnent8' 
and  on  the  first  Monday  of  August  in  each  year  he  shall  make  £{J8J0ip 
triplicate  reports  setting  forth  the  whole  number  of  school  make,  etc. 
districts  in  his  township,  if  any,  the  amount  of  money  raised 
and   received  for  school  libraries  and  such  other    items    as 
shall  from  year  to  year  be  required  by  the  superintendent  of 
public  instruction,  together  with  the  several  particulars  set 
forth  in  the  reports  of  the  several  school  directors  for  the 
preceding  year,  and  within  ten  days  thereafter  he  shall  for- 
ward two  copies  of  the  same,  together  with  two  copies  of  copje*. 
each  of  the  reports  from  school  directors  to  the  county  com-  filed, 
missioner  of  schools  and  file  the  other  copy  or  copies  of  these 
reports  in  his  office,  and  he  shall  receive  all  communications, 
blanks  and  documents  transmitted  to  him  by  the  superin- 
tendent of  public  instruction  and  dispose  of  the  same  in  the 
manner  directed  by  said  superintendent :     Provided,  That  in  *g£ffi> In 
case  the  township  is  organized  into  a  township  district  or  a  township 
fractional  township  district  the  board  of  education  of  such  dlstnct- 
township  district  or  fractional  township  district  shall  meet 
on  the  first  Monday  in  August  and  make  the  triplicate  re- 
ports to  the  superintendent  of  public  instruction,  and  in  such 
cases  this  report  shall  take  the  place  of  the  report  above  pro- 
vided for  to  be  made  by  the  township  clerk,  and  the  said 
board  shall  dispose  of  its  reports  in  the  same  manner  as  is 
provided  for  the  township  clerk:    Provided  further,  That  the 
county  commissioner  of  schools  shall  annually  send  to  each 
township  clerk  and  to  the  secretary  of  each  board  of  educa- 
tion  a  complete  list  of  the  legally  qualified  teachers  of  the 
county,  and  at  the  time  the  township  clerk  shall  make  the 
triplicate  reports  herein  provided  for  he  shall  compare  the 
list  of  teachers  employed  in  the  township  with  said  complete 
list  of  teachers,  and  if  in  any  school  district  or  in  the  town- 
ship district  a  school  shall  not  have  been  taught  for  the 
time  required  by  law  during  the  preceding  year  by  a  legally 
qualified  teacher,  no  part  of  the  primary  school  interest  fund  Primary 
shall  be  distributed  to  such  district  or  to  such  proportional 
part  of  the  township,  although  the  report  from  such  district 
or  township  shall  set  forth  that  a  school  or  schools  have  been 
so  taught,  and  it  shall  be  the  duty  of  the  township  clerk  or 


42 


STATE    OP    MICHIGAN. 


the  board  of  education,  when  said  -board  shall  make  the 
reports  as  hereinbefore  provided,  to  certify  all  these  facts 
as  to  the  employment  of  teachers  to  the  superintendent  of 
public  instruction. 

Am.    1909,    Act    29. 

Sections  1-6,  inclusive,  and  section  8  were  repealed  by  Act  29  of  1909. 


Map  show- 
ing school 
districts. 


Copies, 
where  filed. 

Alterations. 


Clerk  to 
certify  pro- 
posed school 
taxes. 


In  case  of 
division  of 
district. 


Apportion- 
ment of 
school 
moneys. 


(73)  §  5695.     SEC.  9.    Each  township  clerk  shall  make  or 
cause  to  be  made  a  map  of  his  township,  showing  by  distinct 
lines  thereon  the  boundaries  of  each  school  district  and  parts 
of  school  districts  therein,  if  such  school  districts  exist,  and 
shall  regularly  number  the  same  thereon  as  established  by 
proper  authority.     One  copy  of  such  map  shall  be  filed  by 
said  clerk  in  his  office  and  one  other  copy  he  shall  file  with 
the  supervisor  of  the  township.    If  any  division  or  alteration 
is  at  any  time  made  in  the  boundaries  of  any  district  or  of 
any  township  district,  the  township  clerk  shall  within  one 
month  thereafter  file  a  new  map  and  copy  thereof  as  afore- 
said showing  such  changes. 

Am.  Id. 

That  certain  lands  are  within  a  particular  school  district  may  be  shown  by 
parol,  without  producing  maps,  plats  or  documents. — Brooks  v.  Fairchild, 
36  /  234. 

(74)  §  5696.     SEC.  10.     It  shall  be  the  duty  of  the  town- 
ship clerk  of  each  township,  on  or  before  the  first  day  of 
October  in  each  year,  to  make  and  deliver  to  the  supervisor 
of  his  township  a  certified  copy  of  all  statements  on  file  in 
his  office  of  moneys  proposed  to  be  raised  by  taxation  in  each 
of  the  several  school  districts  of  the  towrnship,  if  any,  lor 
school  purposes,   or  to  be  raised  by  any  township  district, 
whole  or  fractional,  for  such  purposes.     In  case  such  condi- 
tion shall  arise,  he  shall  certify  to  the  supervisor  the  amount 
to  be  assessed  upon  the  taxable  property  of  any  school  dis- 
trict retaining  the  district  schoolhouse  or  other  property  on 
the  division  of  the  district  as  the  same  shall  have  been  de- 
termined by  proper  authority,  and  he  shall  also  certify  the 
same  to  the  director  or  secretary  of  such  district  and  to  the 
director  or  secretary  of  the  district  entitled  thereto. 

Am.  Id. 

(75)  §  5697.     SEC.    11.      On    receiving    notice   from    the 
county  treasurer  of  the  amount    of    school    moneys    appor- 
tioned  to   his   township,  the  township  clerk  shall  apportion 
the  same  amount  to  the  several  districts  therein,  or  to  the 
whole  or  fractional  township  district  entitled  to  the  same,  in 
accordance  with  the  statement  from  the  superintendent  of 
public  instruction  sent    to    such    township    clerk  and  based 
upon  the  annual  report  of  the  school  directors  or  the  secre- 
tary of  the  board  of  education  for  the  preceding  school  year, 
and  he  shall  file  said  statement  from  the  superintendent  of 
public  instruction  permanently  in  the  records  of  his  office. 

Am.  Id. 


GENERAL  SCHOOL  LAWS.  43 

(76)  §  5698.     SEC.  12.     Said  clerk    shall    also    apportion  TO  apportion 

fiolinol  tavpR 

to  the  school  districts  in  his  township,  as  required  by  law,  on 
receiving  notice  of  the  amount  from  the  township  treasurer, 
all  moneys  raised  by  township  tax,  or  received  from  other 
sources,  for  the  support  of  schools;  and  in  all  cases  make  statement  to 
out  and   deliver  to  the  township  treasurer  a  written   state-  treasurer, 
men)   of  the  number  of  children  in    each    district    drawing 
money,  and  the  amount  apportioned    to    each    district,    and 
record  the  apportionment  in  his  office;  and  whenever  an  ap-  TO  notify 

,    .     .  directors  of 

portionment  of  the  primary  school  interest  fund,  or  moneys  amount  ap- 
raised  by  tax,  or  received  from  other  sources,  is    made,    he 
shall  give  notice  of  the  amount  to  be  received  by  each  dis- 
trict  to  the  director  thereof. 

TOWNSHIP     SUPERVISOR     AND     TREASURER. 

(77)  8  r>(;<)9.     SEC.  13.    It  shall  be  the  duty  of  the  super-  Assessment 
visor  of   the  township   to  assess  the  taxes    voted    by    every  o?  district 
school  district  in  his  township,  and  also  all  other  taxes  pro-  taxee- 
vided    for  in   this   act,   chargeable  against  such    district    or 
township,  upon  the  taxable  property  of  the  district  or  town- 
ship respectively,  and  to  place  the  same  on  the  township  as- 
sessment roll  in  the  column  for  school  taxes,  and  the  same 

shall  be  collected  and  returned  by  the  township  treasurer  in 
the  same  manner  and  for  the  same  compensation  as  township 
taxes.  If  any  taxes  provided  for  by  law  for  school  purposes  Taxes  not 
shall  fail  to  be  assessed  at  the  proper  time,  the  same  shall  be  " 
assessed  in  the  succeeding  year. 

FAILURE  TO  ASSESS :  The  provision  in  the  last  clause  of  this  section 
applies  to  a  case  where  school  taxes  are  not  certified  by  the  board  to  the 
township  clerk  in  time  for  certification  to  the  supervisor  for  assessment. — 
Wilcox  v.  Eagle  Twp.,  81  /  271.  See  Union  Sch.  Dist.  v.  Parris,  97  /  596. 

(78)  §  5700.     SEC.  14.     The  supervisor  shall  also  assess 
upon   the   taxable  property  of   his  township,  one  mill  upon 
each  dollar  of  the  valuation  thereof  in  each  year,  and  report 
the   aggregate   valuation    of   each    district   to   the   township 
clerk,  who  shall  report  said  amount  to  the  director  of  each 
school   district   in   his   township,   or   to  the   director  of  any 
fractional  school  district  a  portion  of  which  may  be  located 
in  said  township  before  the  first  day  of  September  of  each 
year:    Provided,  That  before  the  supervisor  shall  assess  said  Proviso, 


tax  he  shall  examine  the  reports  of  the  several  school  dis-  mentnoTto 
tricts  in  his  township  for  the  preceding  year  and  if  said  re-  be  made- 
ports  show,  exclusive  of  funds  raised  for  building  purposes, 
a  balance  on  hand  in  any  district  of  a  sum  equal  to  or  in 
excess  of  the  amount  paid  for  teachers'  wages  in  said  district 
during  the  preceding  year,  then  said    supervisor    shall    not 
assess  the  one-mill  tax  upon  the  property  of  such  district  for 
the  ensuing  year.    All  moneys  raised  by  one-mill  tax  shall  be  Moneys  ap- 
apportioned  by  the  township  clerk  to  the  district  in  which  ?own°cierkby 
it  was  raised,  and  all  moneys  collected  by  virtue  of  this  act 
during  the  year,  on  any  property  not  included  in  any  organ- 


44 


STATE    OP   MICHIGAN. 


ized  district,  or  in  districts  which  have  not  maintained 
school  for  the  required  period  during  the  previous  year,  shall 
be  apportioned  to  the  several  other  school  districts  of  said 
township  that  did  maintain  school,  in  the  same  manner  as 
the  primary  school  interest  fund  is  now  apportioned.  All 
moneys  accruing  from  the  one-mill  tax  upon  the  property  of 
any  district  in  any  township  before  said  district  shall  have  a 
legal  school  therein,  shall  belong  to  the  district  in  which  it 
was  raised  when  such  district  shall  have  maintained  school 
for  the  required  period  by  a  qualified  teacher. 


In  townships 
where  no 
districts  are 
formed. 


Am.  1905,  Act  16. 

See  Sagfnaw  Twp.  v.  Saginaw,  9  /  541  ;  Twp.  of  Deerfield  v.  Harper,  115  / 
678. 


Proviso. 


when.dwtrict  (79)  §  5701.  SEC.  15.  The  amount  to  be  assessed  upon 
certain  taxes  the  taxable  property  of  any  school  district  retaining  the 
>e  assessed.  scnoo}  house  or  other  property,  on  the  division  of  district, 
as  the  same  shall  have  been  determined  by  the  inspectors, 
shall  be  assessed  by  the  supervisor  in  the  same  manner  as  if 
the  same  had  been  authorized  by  a  vote  of  such  district;  and 
the  money  so  assessed  shall  be  placed  to  the  credit  of  the 
taxable  property  taken  from  the  former  district,  and  shall 
be  in  reduction  of  any  tax  imposed  in  the  new  district  on 
said  taxable  property  for  school  district  purposes:  Pro- 
vided, That  if  the  district  retaining  the  school  house  shall 
vote  to  pay,  and  shall  pay,  before  said  taxes  are  assessed, 
any  portion  of  said  amount  to  the  new  district,  said  amount, 
as  shall  be  certified  by  the  moderator  and  director  of  the 
new  district  to  the  supervisor,  shall  be  deducted  from  the 
amount  to  be  assessed  as  provided  in  this  section.  When 
collected,  such  amount  shall  be  paid  over  to  the  treasurer  of 
the  new  district,  to  be  applied  to  the  use  thereof  in  the  same 
manner,  under  the  direction  of  its  proper  officers,  as  if  such 
sum  had  been  voted  and  raised  by  said  district  for  building  a 
school  house  or  other  district  purposes. 

Am.  1901,  Act  165. 

NEW  DISTRICT :  The  money  when  collected,  must  be  paid  to  the  assessor 
of  the  new  district ;  and  if  wrongfully  paid  to  the  old  one,  the  new  district 
may  maintain  an  action  for  money  had  and  received,  against  the  old  dis- 
trict.— Sch.  Dist.  v.  S'ch.  Dist.,  40/551. 


How  such 
taxes  to  be 
applied. 


Taxes  in 

fractional 

districts. 


Proviso. 


(80)  §  5702.  SEC.  16.  The  full  amount  of  all  taxes  to 
be  levied  upon  the  taxable  property  in  a  fractional  school 
district  shall  be  certified  by  the  district  board  to  the  town- 
ship clerk  of  each  township  in  which  such  district  is  in  part 
situated,  and  by  such  township  clerks  to  the  supervisors  of 
their  respective  townships,  and  it  shall  be  the  duty  of  each 
of  said  supervisors  to  certify  to  each  other  supervisor  in- 
terested, the  amount  of  taxable  property  in  that  part  of  the 
district  lying  in  his  township:  Provided,  That  when  there 
exists  a  manifest  difference  in  the  valuation  of  property  as- 
sessed in  fractional  districts,  composed  of  territory  in  adjoin- 
ing townships  or  counties,  such  valuation  shall  be  equalized 


GENERAL    SCHOOL   LAWS.  45 

for  this  specific  purpose  by  the  supervisors  of  the  townships 
interested  at  a  joint  meeting  held  for  that  purpose,  on  appli- 
cation of  either  of  the  supervisors  of  said  townships.  And 
such  supervisors  shall  respectively  ascertain  the  proportion 
of  such  taxes,  including  mill  tax,  to  be  placed  on  their  re- 
spective assessment  rolls,  according  to  the  amount  of  taxable 
property  in  each  part  of  such  district.  And  if  said  super-  in  cases  of 
visors  cannot  agree  as  to  the  proportion  of  such  taxes  to  be 
placed  on  their  respective  assessment  rolls,  a  supervisor  from 
an  adjoining  township  shall  be  called  to  meet  with  said 
supervisors  in  said  fractional  district  and  assist  in  equaliz- 
ing said  valuation.  Said  supervisor  to  be  paid  at  the  rate 
of  three  dollars  per  diem  for  the  time  necessarily  employed 
in  attendance  at  such  meeting  of  the  supervisors,  and  all 
necessary  traveling  expenses,  by  the  townships  in  interest. 

(81)  §  5703.     SEC.  17.    The  supervisor,  on  delivery  of  the  statement  to 
warrant  for  the  collection  of  taxes  to  the  township  treasurer,  treasurer. 
shall  also  deliver  to  said  treasurer  a  written  statement  of  the 
amount  of  school  and  library  taxes,  the  amount  raised  for 
district  purposes  on  the  taxable  property  of  each  district  in 

the  township,  the  amount  belonging  to  any  new  district  on 
the  division  of  the  former  district,  and  the  names  of  all  per- 
sons having  judgments  assessed  under  the  provisions  of  this 
act  upon  the  taxable  property  of  any  district,  with  the 
amount  payable  to  such  person  on  account  thereof. 

(82)  §  5704.     SEC.  18.    The  supervisor  of  each  township,  statement  to 
on  the  delivery  of  the  warrant  for  the  collection  of  taxes  to  trSSJrerof 
the  township  treasurer,  shall  also  deliver  to  said  treasurer  a  fenv^e1Jii1ntax 
written  statement,  certified  by  him,  of  the  amount  of  the  one-  fractional 
mill  tax  levied  upon  any  property  lying  within  the  bounds  of  d 

a  fractional  school  district,  a  part  of  which  is  situate  within 
his  township,  and  the  returns  of  which  are  made  to  the  clerk 
of  some  other  township;  and  the  said  township  treasurer 
shall  pay  to  the  township  treasurer  of  such  other  township 
the  amount  of  the  taxes  so  levied  and  certified  to  him  for  the 
use  of  such  fractional  school  district. 

(83)  §  5705.     SEC.  19.    Whenever  any  portion  of  a  school  Collection  and 
district  shall  be  set  off  and  annexed  to  any  other  district,  or  m^ToTtaxes 
organized  into  a  new  one,  after  a  tax  for  district  purposes  d?6?rkts.ion  °f 
other  than  the  payment  of  any  debts  of  the  district  shall 

have  been  levied  upon  the  taxable  property  thereof,  but  not 
collected,  such  tax  shall  be  collected  in  the  same  manner  as 
if  no  part  of  such  district  had  been  set  off,  and  the  said 
former  district,  and  the  district  to  which  the  portion  so  set 
off  may  be  annexed  or  the  new  district  organized  from  such 
portion,  shall  each  be  entitled  to  such  proportion  of  said 
tax  as  the  amount  of  taxable  property  in  each  part  thereof 
bears  to  the  whole  amount  of  taxable  property  on  which  such 
tax  is  levied. 

See  section  38  and  notes. 


46 


STATE    OP    MICHIGAN. 


School  taxes, 
when  paid. 


(84)  §  5706.  SEC.  20.  The  township  treasurer  shall  re- 
tain in  his  hands,  out  of  the  moneys  collected  by  him,  after 
deducting  the  amount  of  tax  for  township  expenses,  the  full 
amount  of  the  school  taxes  on  the  assessment  roll,  and  hold 
the  same  subject  to  the  warrant  of  the  proper  district  officers, 
to  the  order  of  the  school  inspectors,  or  of  the  persons  en- 
titled thereto,  and  give  a  written  notice  to  the  township 
clerk  of  the  amount. 

SCHOOL  TAXES  :  The  township  treasurer  has  no  right  to  receive  for 
school  moneys  anything  which  the  law  has  not  authorized  to  be  received. 
If  he  does  so  and  receipts  for  the  taxes,  he  must  make  good  the  amount.  — 
Jones  v.  Wright,  34/372;  Sch.  Dist.  v.  Sch.  Dist.,  40/554.  See  Elliott  v. 
Miller,  8/132,  and  notes  to  section  2133,  C.  L.  1915.  The  liability  of  a 
township  treasurer  for  school  moneys  is  distinct  from  his  ordinary  liability 
for  township  moneys,  and  it  cannot  be  released  or  in  any  way  affected  by  the 
action  of  the  township  board.  —  Jones  v.  Wright,  34  /  372.  As  to  the  custody, 
etc.,  of  school  district  moneys,  see  notes  to  section  66,  subd.  4,  and  section 
71,  subd.  1,  2. 

Liability  of  township  to  Sch.  Dist,  section  4089,  C.  L.  1915.  provides  that 
all  losses  that  may  be  sustained  by  the  default  of  any  township  officer  in  the 
discharge  of  any  duty  imposed  by  the  act  shall  be  chargeable  to  the  town- 
ship. The  act  charges  the  township  treasurer  with  the  duty  of  collecting 
and  paying  over  all  school  district  taxes.  Held,  that  a  township  is  liable 
to  a  school  district  for  school  moneys  lost  through  the  defalcation  of  the 
township  treasurer.  —  Smith  v.  Jones,  136  /  532.  Designating  depository  for 
township  funds,  see  Act  305,  P.  A.  1909,  (§  2134,  C.  L.  1915). 


Township 
treasurer  to 
apply  to 
county 
treasurer  for 
moneys. 


Moneys  of 
fractional 


districts. 


Duplicate 
receipts. 


(85)  §  5707.     SEC.  21.     The    township    treasurer    shall, 
from  time  to  time,  apply  to  the    county    treasurer    for    all 
school  and  library  moneys  belonging  to  his  township,  or  the 
districts  thereof;  and  on  receipt  of  the  moneys  to  be  appor- 
tioned to  the  districts,  he  shall  notify  the  township  clerk  of 
the  amount  to  be  apportioned. 

(86)  §  5708.     SEC.  22.     Each  treasurer  of  a  township  to 
the  clerk  of  which  the  returns  of  any  fractional  school  dis- 
trict shall  be  made,  shall  apply  to  the  treasurer  of  any  other 
township  in  which  any  part  of  such  fractional  school  district 
may  be  situated,  for  any  money  to  which  such  district  may 
be  entitled;  and  the  treasurer  paying  over  the  same  shall, 
take  a  receipt  therefor  in  duplicate,  one  copy  of  which  he 
shall  file  in  his  office,  and  the  other  copy  he  shall  send  by 
mail,  or  deliver  personally,  to  the  clerk  of  the  township  to 
the  treasurer  of  which  he  had  paid  any  moneys  on  account 
of  a  fractional  school  district,  which  shall  be  specified  in  the 
receipt;   on  receiving  the  duplicate   receipt,  the  clerk   shall 
charge  the  sum  named  therein    to    the    township    treasurer, 
and  apportion  the  same  as  are  other  taxes  for  school  pur- 
poses. 

Am.    1913,  Act  307. 


CHAPTER  V. 

COUNTY  CLERK  AND  TREASURER. 


(87)      §  5709.     SECTION  1.     It  shall  be  the  duty  of  each 


County  clerk 

d^epeoseVqfan     county  clerk  to  receive  all  such  communications,  blanks,  and 
tio2s?e?c?a"     documents  as  may  be  directed  to  him  by  the  superintendent 


GENERAL  SCHOOL  LAWS.  47 

of  public  instruction,  and  dispose  of  the  same  in  the  manner 
directed  by  said  superintendent. 

(88)  §  5710.     SEC.  2.    The  clerk  of  each  county  shall,  on  £°™^{J|rk 
receiving  from  the  secretary  of  the  county  board  of  school  ex-  report™etc. 
amiuers  the  annual  reports  of  the  several  boards  of  school 
inspectors,  file  the  same  in  his  office.     On  receiving  notice 

from  the  superintendent  of  public  instruction  of  the  amount  of 
of  moneys  apportioned  to  the  several  townships  in  his  county 
he  shall  file  the  same  in  his  office,  and  forthwith  deliver  a 
copy  thereof  to  the  county  treasurer. 

(89)  §  5711.     SEC.    3.     The    several    county    treasurers  County  treas- 

urer to  apply 
shall  apply  for  and  receive  such  moneys  as  shall  have  been  for  moneys 

apportioned  to  their  respective  counties,  when  the  same  shall  aPP°rtloned- 
become  due;  and  each  of  said  treasurers  shall  immediately  f££$*?y 
give  notice  to  the  treasurer  and  clerk  of  each  township  in  his  c?erks  of 
county,  of  the  amount  of  school  moneys  apportioned  to  his  al 
township,  and  shall  hold  the  same  subject  to  the  order  of  the 
township  treasurer. 


CHAPTER  VI. 

BONDED    INDEBTEDNESS    OF    DISTRICTS. 

(90)     §  r>71±     SECTION  1.  Any  school  district  may,  by  a  ma-  §{jjjjgjt  ma 
jority  vote  of  the  qualified  voters  of  said  district  present  at  borrow  n 
an  annual  meeting  or  at  a  special  meeting  called  for  that  n 
purpose,  borrow  money,  and  may  issue  bonds  of  the  district 
therefor,  to  pay  for  a  school-house  site  or  sites,  and  to  erect 
and  furnish  school  buildings.     The  district  board,  or  board  HOW  raised. 
of  education,  shall  estimate  the  amount  of  money  necessary 
to  be  raised   and  shall  state  their  estimate  in  the  notices 
of  the  annual  or  special  meeting,  at  which  the  question  of 
borrowing  money  and  issuing  bonds  shall  be  submitted  to 
the  people;  and  at  said  meeting  the  voters  shall  have  power 
to  ratify  by  vote  aforesaid  the  estimate  of  the  district  board, 
or  board  of  education,  or  to  fix  a  new  limit  on  the  amount 
to  be  borrowed  and  for  which  bonds  may  be  issued :     Pro- 
vided,  That  no  school    district    shall    issue    bonds    for    an 
amount  greater  than  ten  per  cent  of  the  total  assessed  valua- 
tion of  said  district  nor  shall  the  bonded  indebtedness  of  a 
district  extend  beyond  the  period  of  fifteen  years  for  money 
borrowed :     Provided  further,  That  in  all  proceedings  under  Further 
this  section,  the  district  board  and  one  person  selected  by  Eoard  of 
the  qualified  voters  present  at  said  meeting  shall  constitute  inBPectora- 
a  board  of  inspectors,  who  shall  cause  a  poll  list  to  be  kept 
and  a  suitable  ballot  box  to  be  used,  and  the  polls  shall  be 
kept  open  at  least  two  hours.     The  votes  shall  be  by  ballot, 
either  printed  or  written,  or  partly  printed  and  partly  writ- 
ten, and  the-  canvass  of  the  same  shall  be  conducted  in  the 
same  manner  as  at  township  elections,  or  as  far  as  the  laws 
governing  the  same  are  applicable,  and  when  said  laws  are 


STATE    OF   MICHIGAN. 


not  applicable  the  board  of  inspectors  shall    prescribe    the 
manner  in  which  the  canvass  shall  be  conducted. 

Am.  1899,   Act  190;  1901,  Act  165;  1905,   Act  270;  1907,   Act  256;  1911, 

BONDS  :  A  vote  to  issue  school  district  bonds  in  settlement  of  a  demand, 
if  in  excess  of  the  limit  fixed  by  law,  may  be  sustained  up  to  the  legal 
limit. — Stockdale  v.  Sch.  Dist.,  47  /  226.  The  purchaser  of  a  school  district 
bond  has  a  right  to  rely  upon  all  facts  asserted  or  appearing  upon  the  face 
of  the  bonds,  made  by  any  person  or  body  authorized  by  law  to  pass  upon 
and  determine  the  facts. — Gibbs  v.  Sch.  Dist.,  88  /  336.  Detaching  a  portion 
of  a  district  and  organizing  it  into  or  with  another  township. — People  v. 
Ryan,  19  /  203.  The  act  of  the  legislature  in  detaching  a  part  of  the  terri- 
tory of  a  township  and  erecting  therefrom  a  new  township,  of  another  name 
does  not  have  the  effect  of  putting  an  end  to  the  school  district  organizations 
in  the  detached  territory,  and  the  holder  of  bonds  issued  thereafter  by  a 
district  in  such  territory  may  recover  thereon  notwithstanding  a  subsequent 
reorganization  of  the  district. — Wayne  Co.  Svgs.  Bank  v.  School  District, 
152  7  440.  The  provisions  of  the  general  school  law  govern  the  school  district 
of  Traverse  City,  organized  under  special  act,  when  not  inconsistent  with  the 
provisions  of  the  special  act,  and  the  limit  of  bonded  indebtedness  fixed  in  this 
section  is  applicable  to  said  city. — Bd.  of  Ed.  of  Traverse  City  v.  Straub,  182  / 
665.  By  general  statute  as  amended,  the  power  is  conferred  on  the  qualified 
voters  to  borrow  money  and  issue  bonds,  but  no  constitutional  prohibition 
affects  the  power  of  the  legislature  to  vest  in  the  board  of  education  the 
powers  exercised  by  the  electors  under  such  statute. — Bd.  of  Ed.  of  City  of 
Muskegon  v.  Smith,  183/429. 


Issuing  bonds 
for  money 
borrowed. 


Interest 
thereon. 


Voters  may 
raise  tax  to 
redeem  bonds. 


District  may 
borrow  money 
to  pay  bonds, 
and  issue 
further  bonds. 


Proviso. 


(91)  §  5713.     SEC.  2.    Whenever  any  school  district  shall 
have  voted  to  borrow  any  sum  of  money,  the  district  board 
of  such  district  is  hereby  authorized  to  issue  the  bonds  of 
such  district,  in  such  form,  and  executed  in  such  manner  by 
the  moderator  and  director  of    such    district,    and    in    such 
sums,  not  less  than  fifty  dollars,  as  such  district  board  shall 
direct,  and  with  such  rate  of  interest,  not  exceeding  eight  per 
centum  per  annum,  and  payable  at  such  time  or  times  as  the 
said  district  shall  have  directed. 

The  statute  limits  the  authority  of  the  board,  in  issuing  bonds,  to  such  as 
are  authorized  by  the  district ;  and,  before  the  board  can  act,  it  has  a  func- 
tion to  perform  in  its  nature  somewhat  judicial.  It  must  pass  upon  the 
question  whether  the  proceedings  in  voting  the  bonds  are  such  as  will  author- 
ize the  board  to  issue  them.  A  purchaser  of  the  bonds,  therefore,  need  look 
no  further  back  than  the  face  of  the  bonds  for  the  facts  which  show  a  com- 
pliance with  the  law. — Gibbs  v.  Sch.  Dist.,  88/337. 

(92)  §  5714.     SEC.  3.     Whenever  any  money  shall  have 
been  borrowed  by  any  school  district,  the  taxable  inhabitants 
of  such  district  are  hereby  authorized,  at  any  regular  meet- 
ing of  such  district,  to  impose  a  tax  on  the  taxable  property 
in  such  district,  for  the  purpose  of  paying  the  principal  thus 
borrowed,  or  any  part  thereof,  and  the  interest  thereon,  to  be 
levied  and  collected  as  other  school  district  taxes  are  col- 
lected. 

(93)  §  5715.     SEC.  4.    Any    school   district,    whenever   it 
shall  appear  that  the  same  can  be  done  on  terms  advantage- 
ous to  said  district,  may  borrow  money  to  pay  any  bonded 
indebtedness  of  said  district  then  existing,  and  issue  further 
bonds  of  said  district  therefor :     Provided,  That  a  majority 
of  the  qualified  voters  of  said  district  shall  so  determine,  at 
an  annual  or  special  meeting  called  for  that  purpose;  and 
that  the  notice  of  such  meeting,  whether  annual  or  special, 
shall  state  the  intention  to  take  such  vote. 


GENERAL    SCHOOL    LAWS.  49 


PER  CAPITA  TAX  AUTHORIZED  CERTAIN  SCHOOL 
DISTRICTS. 

An  Act  to  prescribe  the  power  of  school  districts,  having  a  population 
of  not  less  than  fifteen  thousand  and  not  more  than  one  hundred 
thousand,  where  taxes  are  based  on  a  per  capita  for  each  child  of 
school  age,  to  impose  and  collect  taxes  for  school  purposes,  and  to 
repeal  all  acts  or  parts  of  acts  inconsistent  therewith. 

[Act  48,    P.  A.   1917.] 

The  People  of  the  State  of  Michigan  enact: 

(94)      SECTION  1.     The  district  board  or  board  of  educa-  Tax  for 
tion  of  any  school  district  in  the  state  of  Michigan,  whose  purposes, 
population  shall  not  be  less  than  fifteen  thousand  and  not 
more  than  one  hundred  thousand,    wherein    taxes    author- 
ized to  be  raised  for  school  purposes  are  based  upon  a  rate 
per  capita  for  each  child  of  school  age  as  shown  by  the  last 
preceding  school  census  of  the  district,  is  hereby  authorized 
to  impose  a  tax  on  the  taxable  property  of  the  district  for 
the  purpose  of  paying  the  ordinary  expenses  of  conducting 
its  schools  and  of  paying  all  or  any  part  of  the  principal  and 
the  interest  on  the  bonded  indebtedness  of  the  district,  to 
be  levied  and  collected  in  the  same  manner  as  provided  by 
law  for  school  district  taxes,  in  an  amount  not  exceeding  the  Amount, 
rate  per  capita  for  each  child  of  school  age  as  shown  by  the 
Jast  preceding  school  census  of  the  district,  as  fixed  by  the 
taxable  inhabitants  of  such  school  district  at  any  regular  or 
special  meeting  of  such  district.     The  fixed  rate  per  capita  Rate 
shall  continue  until  changed  and  a  new  rate  fixed  at  a  regu-  c 
lar  meeting  of  the  district  by  an  affirmative  vote  of  a  major- 
ity of  the  taxable  inhabitants  of  the  district  voting  thereon. 

Sec.  2.     Repeals  all  acts  or  parts  of  acts,  whether  local  or  general.  In  any- 
wise conflicting  with  the  provisions  of  this  act. 


CHAPTER  VII. 

SUITS    AND   JUDGMENTS    AGAINST    DISTRICTS. 

(95)      §    141 G7.     SEC.     2.      Justices    of    the    peace    shall  Justices  to 
have  jurisdiction  in  all  cases  of  assumpsit,  trespass  on  the  SSfonta 
case  and  replevin  against  school  districts,  when  the  amount  certain  cases< 
claimed,  or  matter  in  controversy  shall  not  exceed  one  hun- 
dred dollars;  and  the  parties  shall  have  the  same  right  of 
appeal  as  in  other  cases. 

This  is  section  2,  chapter  06,   of  thp  judicature  act  of  1015,  effective  Jan.  1, 
1910,   which   repeals    §   §  4721   and    4722,   C.   L.   1897.      See   act   314   of   1915, 


50 


STATE    OP    MICHIGAN. 


As  to  corporate  powers,  etc.,  see  note  to  section  33.  Liability  for  debts 
after  changes  made  in  districts. — See  sections  37-38  and  notes.  Action  of 
one  district  against  another  for  money  had  and  received. — Sch.  Dist.  v.  Sch. 
Dist.,  40/551.  Andreas  v.  School  District,  138/54. 


Service  of 
process. 


School 
district. 


Treasurer 
to  certify 
judgment. 


When  treas- 
urer fails  to 
certify. 


Fractional 

school 

district. 


Supervisor 
to  assess 
judgment. 


(96)  §  12438.     SEC.  35.     In  suits  or  proceedings  against 
municipal  and  public  corporations  *  *  *  service  of  process 

may  be  made  as  follows: 

****** 

6.  Against  school  districts,  upon  the  president  of  the 
board  of  education,  director,  moderator  or  treasurer  of  such 
district. 

This  is  section  35,  chapter  13,  of  the  judicature  act  of  1915.      See  Act  314 
of  1915,  pp.  84,  480,  repealing  §  4722,  C.  L.  1897. 

(97)  §  12973.     SEC.  8.     No  execution  shall  issue  on  any 
judgment  against  a  school  district,  nor  shall  any    suit    be 
brought  thereon,  but  the  same  shall  be  collected  in  the  man- 
ner prescribed  in  this  chapter. 

Sections  8-12  are  taken  from  the  judicature  act  of  1915,   chapter  24.      See 
Act  314  of  1915,  p.  187,  superseding   §  4723,  C.  L.  1897. 

(98)  §  12974.     SEC.    9.     Whenever  any  final  judgment 
shall  be  obtained  against  the  school  district,  if  the  same  shall 
not  be  removed  to  any  other  court,  the  treasurer  of  the  dis- 
trict shall  certify  to  the  supervisor  of  the  township  and  to  the 
director  of  the  district  the  date  and  amount  of  such  judg- 
ment, with  the  name  of  the  person  in  whose  favor  the  same 
was  rendered,  and  if  the  judgment  shall  be  removed  to  an- 
other court,  the  treasurer  shall  certify  the  same  as  aforesaid, 
immediately  after  the  final  determination  thereof  against  the 
district. 

See  Act  314,  of  1915,  p.  187,  superseding  §  4724,  C.  L.  1897. 

(99)  §  12975.     SEC.  10.     If  the  treasurer    shall    fail    to 
certify  the  judgment  as  required  in  the  preceding  section,  it 
shall  be  lawful  for  the  party  obtaining  the  same,  his  exec- 
utors,   administrators,    or    assigns,    to    file   with    the   super- 
visor the  certificate  of  the  justice  or  clerk  of  the  court  ren- 
dering the  judgment,  showing  the  facts  which  should  have 
been  certified  by  the  treasurer. 

See  Act  314,  of  1915,  p.  187,  superseding  §  4725,  C.  L.  1897. 

(100)  §  12976.  ,  SEC.  11.     If  the  district    against    which 
any  such  judgment  shall  be  rendered  is  situated  in  part  in 
two  or  more  townships,   a    certificate  thereof   shall  be  de- 
livered as  aforesaid  to   the  supervisor  of  each  township  in 
which  such  district  is  in  part  situated. 

See  Act  314,  of  1915,  p.  187,  superseding  §  4726,  C.  L.  1897. 

(101)  §  12977.     SEC.  12.     The  supervisor   or   supervisors 
receiving  either  of  the  certificates  of  a  judgment    as    afore- 
said shall  proceed  to  assess  the  amount  thereof,  with  interest 


GENERAL  SCHOOL  LAWS.  51 

from  the  date  of  the  judgment  to  the  time  when  the  warrant 
for  the  collection  thereof  will  expire,  upon  the  taxable  prop- 
erty of  the  district,  placing  the  same  on  the  next  township 
assessment  roll  in  the  column  for  school  taxes ;  and  the  same 
proceedings  shall  be  had,  and  the  same  shall  be  collected  and 
returned  in  the  same  manner  as  other  district  taxes. 

See  Act  314,  of  1915,  p.  187,   superseding  §  4727,   C.  L.  1897. 


CHAPTER  VIII. 

SITES    FOB     SCHOOLHOUSES. 

(102)  §  5716.     SECTION  1.     The  qualified  voters    of    any  sites  for 
school  district,  when  lawfully  assembled  may  designate  by  a  ho^eSg-68' 
vote  of  two-thirds  of  those  present,  such  number  of  sites  as  nated-  etc- 
may  be  desired  for  school  houses  and  may  change  the  same  by 
similar  vote  at  any  annual  or  special  meeting,  or  by  the  same 

vote  may  enlarge  any  existing  site.  Whenever  the  question  of  JJJ*jJ® of 
designating  a  school  site  or  of  changing  a  school  site  is  to  be  m 
brought  before  the  school  meeting,  the  notice  of  said  meeting 
shall  state  the  intention  to  vote  upon  such  question.     When  whenin- 

,,.,  •    i     i  • ,  £  •  j    epectore  may 

no  site  can  be  established  by  such  inhabitants  as  aforesaid,  fix  site, 
the  school  inspectors  of  the  township  or  townships  in  which 
Hie  district  is  situated,  upon  notification  by  the  district  board 
that  the  district  is  unable  to  fix  a  site,  shall  determine  where 
such  site  shall  be,  and  their  determination  shall  be  certified  to 
the  director  of  the  district  and  shall  be  final,  subject  to  alter- 
alion  afterwards  by  the  inspectors,  on  the  written  request 
of  two-thirds  of  the  qualified  voters  of  the  district,  or  by  two- 
thirds  of  the  qualified  voters  agreeing  upon  a  site  at  a  dis- 
trict meeting  lawfully  called. 

Am.    1903,   Act   182  ;    1905,   Act   75. 

NO  SITE  ESTABLISHED:  It  is  only  when  the  inhabitants  cannot  agree 
in  establishing  any  site  at  all,  that  the  inspectors  are  allowed  to  fix  one. — 
Andress  v.  Inspectors,  19  /  332. 

TOWNSHIP  BOARD:  Powers  and  duties  formerly  given  to  school  in- 
spectors now  vest  in  township  board. 

NOTICE  :  The  amendment  of  1905  requires  that  notice  of  intention  to  vote 
on  a  change  of  site  must  be  given  before  the  question  may  be  passed  on  at  an 
annual  meeting. — Calkins  v.  Rice,  170  /  234.  Insufficient  notice. — Id. 

(103)  §  5717.     SEC.  2.   Whenever  a  site  for  a  schoolhouse  when  corn- 
shall  be  designated,  determined,  established  or  enlarged  in  f0ernefte0n 
any  manner  provided  by  law,  in    any    school    district,    and  determined 
whenever  a  site  for  a  schoolhouse  shall  be  designated,  de-    yjury' 
termined,  established  or  enlarged  by  resolution  of  any  board 

of  education  of  any  city  and  such  board  of  education  or  such 
school  district  shall  be  unable  to  agree  with  the  owner  or 
owners  of  such  site  upon  the  compensation  to  be  paid  there- 
for, or  for  the  land  to  enlarge  the  same,  or  in  case  such  board 
of  education  or  such  district  shall,  by  reason  of  any  imper- 
fection in  the  title  to  said  site,  or  land  to  be  added  thereto, 
arising  either  from  break  in  the  chain  of  title,  tax  sale, 
mortgages,  levies,  or  any  other  cause,  be  unable  to  procure  a 


52 


STATE    OP   MICHIGAN. 


perfect,  unin cumbered  title  in  fee  simple  to  said  site,  or  land 
for  the  enlargement  thereof,  the  board  of  education  or  the 
district  board  of  such  district  shall  authorize  one  or  more  of 
its  members  to  apply  to  the  circuit  judge,  if  there  be  one  in 
the  county,  or  to  a  circuit  court  commissioner  of  the  county, 
or  to  any  justice  of  the  peace  of  the  city  or  township  in 
which  such  school  district  shall  be  situated,  for  a  jury  to  as- 
certain and  determine  the  just  compensation  to  be  made  for 
the  real  estate  required  by  such  school  district  for  such  site, 
or  for  the  enlargement  thereof  and  the  necessity  for  using  the 
same,  which  application  shall  be  in  writing,  and  shall  describe 
the  real  estate  required  by  such  board  of  education  or  by 
such  district  as  accurately  as  is  required  in  a  conveyance  of 
real  estate:  Provided,  That  whenever  any  school  district 
shall  have  designated,  selected  or  established  in  any  manner 
provided  by  law  and  whenever  the  board  of  education  of  any 
city  shall  have  designated,  selected  or  established  by  resolu- 
tion a  schoolhouse  site  or  land  for  the  enlargement  thereof 
such  selection,  designation  or  establishment  shall  be  prim  a 
facie  evidence  to  Luid  jury  of  the  necessity  to  use  the  site 
so  established. 


Proviso. 


When  jury 
to  be  sum- 
moned. 


Owner  to 
be  notified. 


Am.  1903,  Act  182  ;  1909,  Act  232. 

CONDEMNATION:  The  jurisdiction  to  condemn  lands  for  a  schoolhouse 
site  Is  invoked  by  presenting  to  the  proper  officer  a  petition  designating  the 
site  and  showing  disagreement  with  the  owner  as  to  compensation  for  it.  — 
Smith  v.  Sch.  Dist.,  40  /  145.  Proceedings  to  condemn  land  for  a  school- 
house  site  will  be  quashed  if  there  is  no  lawful  designation  thereof  shown 
by  the  records.  —  Heck  v.  Sch.  Dist.,  49/551.  For  the  constitutional  ques- 
tions involved  in  the  taking  of  private  property  for  public  use,  see  Const., 


(104)  §  5718.  SEC.  3.  It  shall  be  the  duty  of  such  cir- 
cuit judge,  circuit  court  commissioner,  or  justice  of  the 
peace,  upon  such  application  being  made  to  him,  to  issue  a 
summons  or  venire,  directed  to  the  sheriff  or  any  constable 
of  the  county,  commanding  him  to  summon  eighteen  free- 
holders residing  in  the  vicinity  of  such  site,  who  are  in  nowise 
of  kin  to  the  owner  of  such  real  estate,  and  not  interested 
therein,  to  appear  before  such  judge,  commissioner,  or  justice, 
at  the  time  and  place  therein  named,  not  less  than  twenty 
nor  more  than  fifty  days  from  the  time  of  issuing  such  sum- 
mons or  venire,  as  a  jury  to  ascertain  and  determine  the  just 
compensation  to  be  made  for  the  real  estate  required  by  such 
school  district  for  such  site,  or  for  the  enlargement  thereof, 
and  the  necessity  for  using  the  same,  and  to  notify  the  owner 
or  occupant  of  such  real  estate,  if  he  can  be  found  in  the 
county,  of  the  time  when  and  the  place  where  such  jury  is 
summoned  to  appear,  and  the  object  for  which  such  jury  is 
summoned;  which  notice  shall  be  served  at  least  ten  days 
before  the  time  specified  in  such  summons  or  venire  for  the 
jury  to  appear  as  hereinbefore  mentioned. 

Am.  1903,  Act  182. 


GENERAL  SCHOOL  LAWS.  53 

(105)  §  5719.  SEC.  4.  Thirty  days  previous  notice  of  Noticem^ 
the  time  when  and  the  place  where  such  jury  will  assemble  "' 
shall  be  given  by  the  district  board  of  such  district,  where 
the  owner  or  owners  of  such  real  estate  shall  be  unknown, 
non-residents  of  the  county,  minors,  insane,  non  compos  men- 
tis, or  inmates  of  any  prison,  by  publishing  the  same  in  a 
newspaper  published  in  the  county  where  such  real  estate  is 
situated;  or  if  there  be  no  newspaper  published  in  such 
county,  then  in  some  newspaper  published  in  the  nearest 
county  where  a  newspaper  is  published,  once  in  each  week 
for  four  successive  weeks,  which  notice  shall  be  signed  by  the 
district  board  or  by  the  director  or  treasurer  of  such  dis- 
trict, and  shall  describe  the  real  estate  required  for  such  site, 
or  for  the  enlargement  thereof,  and  state  the  time  when  and 
place  where  such  jury  will  assemble,  and  the  object  for  which 
they  will  assemble;  or  such  notice  may  be  served  on  such 
owner  personally,  or  by  leaving  a  copy  thereof  at  his  last 
place  of  residence. 

Am.  1903,  Acts  49,  182. 

(lOfi)     §  5720.     SEC.  5.   It  shall  be  the  duty  of  such  judge, 
commissioner,  or  justice,  and  of  the  persons  summoned  as  proceedings 
jurors,  as  hereinbefore  provided,  and  of  the  sheriff  or  con-  tnereon- 
stable  summoning  them,  to  attend  at  the  time    and    place 
specified  in  such  summons  or  venire;  and  the  officer  who  sum- 
moned the  jury  shall  return  such  summons  or  venire  to  the 
officer  who  issued  the  same,  with  the  names  of  the  persons 
summoned  by  him  as  jurors,  and  shall  certify  the  manner  of 
notifying  the  owner  or  owners  of  such  real  estate,  if  he  was 
found ;  and  if  he  could  not  be  found  in  said  county,  he  shall 
certify  that  fact.     Either  party  may  challenge  any  of  the 
said  jurors  for  the  same  causes  as  in  civil  actions.    If  more 
than  twelve  of  said  jurors  in  attendance  shall  be  found  quali- 
fied to  serve  as  jurors,  the  officer  in  attendance,  and  who 
issued  the  summons  or  venire  for  such  jury,  shall  strike  from 
the  list  of  jurors  a  number  sufficient  to  reduce  the  number  of 
jurors  in  attendance  to  twelve;  and  in  case  less  than  twelve 
of  the  number  so  summoned  as  jurors  shall  attend,  the  sheriff 
or  constable  shall  summon  a  sufficient  number  of  freeholders 
to  make  up  the  number  of  twelve;  and  the  officer  issuing 
the  summons  or  venire  for  such  jury,  may  issue  an  attach-  Attachment 
ment  for  any  person  summoned  as  a  juror  who  shall  fail  to  Sa«if?rce 
attend,  and  may  enforce  obedience  to  such  summons,  venire,  to  process, 
or  attachment,  as  courts  of  record,  or  justices'  courts  are  au- 
thorized to  do  in  civil  cases. 

A  party  present,  or  represented,  at  the  empaneling  of  the  Jury  will  be 
deemed  to  have  waived  all  objections  to  the  jury,  if  he  makes  none  then. — 
Stnith  v.  School  Dist.,  40/143. 

(107)  §  5721.  SEC.  6.  The  twelve  persons  selected  as 
the  jury  shall  be  duly  sworn  by  the  judge,  commissioner,  or 
justice  in  attendance,  faithfully  and  impartially  to  inquire, 


54 


STATE    OF    MICHIGAN. 


Subpoenas, 
witnesses. 


What  jury 
to  ascertain. 


ascertain  and  determine  the  just  compensation  to  be  made 
for  the  real  estate  required  by  such  school  district  for  such 
site,  or  for  the  enlargement  thereof,  and  the  necessity  for 
using  the  same  in  the  manner  proposed  by  such  school  dis- 
trict; and  the  persons  thus  sworn  shall  constitute  the  jury 
in  such  case.  Subpoenas  for  witnesses  may  be  issued,  and 
their  attendance  compelled  by  such  circuit  judge,  commis- 
sioner or  justice  in  the  same  manner  as  may  be  done  by  the 
circuit  court  or  by  a  justice's  court  in  civil  cases.  The  jury 
may  visit  and  examine  the  premises,  and  from  such  examina- 
tion and  such  other  evidences  as  may  be  presented  before 
them,  shall  ascertain  and  determine  the  necessity  for  using 
such  real  estate  in  the  manner  and  for  the  purpose  proposed 
by  such  school  district,  and  the  just  compensation  to  be  made 
therefor;  and  if  such  jury  shall  find  that  it  is  necessary  that 
such  real  estate  shall  be  used  in  the  manner  or  for  the  pur- 
pose proposed  by  such  school  district,  they  shall  sign  a  certifi- 
cate in  writing  stating  that  it  is  necessary  that  said  real 
estate,  describing  it,  should  be  used  as  a  site  for  a  school- 
liouse  for  such  district,  or  to  enlarge  its  existing  site;  also 
stating  the  sum  to  be  paid  by  such  school  district  as  the  just 
compensation  for  the  same.  The  said  circuit  judge,  circuit 
court  commissioner,  or  justice  of  the  peace,  shall  sign  and 
attach  to,  and  indorse  upon  the  certificate  thus  subscribed  by 
the  said  jurors,  a  certificate  stating  the  time  when  and  the 
place  where  the  said  jury  assembled,  that  they  Avere  by  him 
duly  sworn  as  herein  required,  and  that  they  subscribed  the 
said  certificate.  He  shall  also  state  in  such  certificate  who 
appeared  for  the  respective  parties  on  such  hearing  and  in- 
quiry, and  shall  deliver  such  certificates  to  the  director,  or  to 
any  member  of  the  district  board  of  such  school  district. 


Court  to 
attach  cer- 
tificate. 


Am.   1903,  Act  182. 


°f 


§  5722'  SEC-  7<  UP°n  filin*  such  certificates  in 
the  circuit  court  of  the  county  where  such  real  estate  is  situ- 
ated, such  court  shall,  if  it  finds  all  the  proceedings  regular, 
render  judgment  for  the  sum  specified  in  the  certificate 
signed  by  such  jury,  against  such  school  district,  which 
judgment  shall  be  collected  and  paid  in  the  manner  as  other 
judgments  against  school  districts  are  collected  and  paid. 

Smith  v.  Sch.  Dist.,  40/143.  Mandamus  will  not  lie  to  compel  a  circuit 
judge  to  overrule  his  finding  that  the  proceedings  taken  for  the  condemna- 
tion of  a  site  were  irregular  and  to  compel  him  to  enter  judgment  for  the 
amount  found  due.  —  Sch.  Dist.  v.  Judge,  49  /  432. 


(109) 


5723.     SEC.  8.     In  case  the  oAvner  of  such  real 


When  owner 

etc.,  money'  estate  shall  be  unknoAA^n,  insane,  non  compos  mentis,  or  an 
wi?hcountyted  in^ant,  or  cannot  be  found  within  such  county,  it  shall  be  law- 
fui  for  the  said  school  district  to  deposit  the  amount  of  such 
judgment  with  the  county  treasurer  of  such  county,  for  the 
use  of  the  person  or  persons  entitled  thereto;  and  it  shall  be 
the  duty  of  such  county  treasurer  to  receive  such  money,  and 


treasurer. 


GENERAL    SCHOOL    LAWS.  55 

at  the  time  of  receiving  it,  to  give  a  receipt  or  certificate  to 
the  person  depositing  the  same  with  him,  stating  the  time 
when  such  deposit  was  made,  and  for  what  purpose;  and  such 
county  treasurer  and  his  sureties  shall  be  liable  on  his  bond 
for  any  money  which  shall  come  into  his  hands  under  the 
provisions  of  this  act,  in  case  he  shall  refuse  to  pay  or  ac- 
count for  the  same,  as  herein  required:  Provided,  That  no 
such  money  shall  be  drawn  from  such  county  treasurer,  ex- 
cept  upon  an  order  of  the  circuit  court,  circuit  court  coinmis- 
sioner,  or  judge  of  probate,  as  hereinafter  provided. 

(110)  §  57:21.  SKP.  1).  Upon  satisfactory  evidence  being  when  title 
pi-escnted  to  the  circuit  court  of  the  county  where  such  real  in  d?etrfcited 
estate  lies,  that  such  judgment,  or  the  sum  ascertained  and 
determined  by  the  jury  as  the  just  compensation  to  be  paid 
by  such  district  for  such  site,  or  for  such  addition  to  its  site, 
lias  been  paid,  or  that  the  amount  thereof  has  been  deposited 
according  to  the  provisions  of  the  preceding  sections,  such 
court  shall,  by  an  order  or  decree,  adjudge  and  determine 
that  the  title  in  fee  of  such  real  estate  shall,  from  the  time  of 
making  such  payment  or  deposit,  forever  thereafter  be  vested 
in  such  school  district  and  its  successors  and  assigns,  and 
shall,  in  and  by  such  order  or  decree,  award  to  such  school 
district  a  writ  of  possession  for  the  recovery  of  the  posses- 
sion of  such  real  estate;  a  copy  of  which  order  or  decree, 
certified  by  the  clerk  of  said  county,  shall  be  recorded  in  the 
office  of  the  register  of  deeds  of  such  county,  and  the  title 
of  such  real  estate  shall  thenceforth,  from  the  time  of  mak- 
ing such  payment  or  deposit,  be  vested  forever  thereafter  in 
such  school  district  and  its  successors  and  assigns  in  fee. 

Am.   1903,   Act   182. 

(lit)     §  5725.     SEC.  10.    Such  school  district  may,  at  any  when  district 
time  after  making  the  payment  or  deposit  hereinbefore  re-  possession. 
quired,  enter  upon  and  take  possession  of  such  real  estate 
for  the  use  of  said  district.    And  it  shall  be  the  duty  of  the  writ  of  pos- 


county  clerk  of  said  county,  on  the  request  of  said  school  dis-  b 


trict,  to  issue  out  of  and  under  the  seal  of  the  circuit  court 
of  said  county  a  writ  of  possession  as  awarded  in  such  order 
or  decree;  which  writ  shall  be  directed  to  the  sheriff  of  said 
county,  and  shall  be  tested  and  made  returnable,  and  shall  be 
substantially,  so  far  as  may  be,  in  the  same  form  provided  for 
writs  of  possession  in  actions  of  ejectment;  and  it  shall  be  sheriff  to 
the  duty  of  such  sheriff  thereupon  to  remove  the  respondent  respondent. 
or  respondents  in  such  proceedings,  and  all  persons  holding 
under  them  or  either  of  them,  from  the  real  estate  described 
in  such  decree  and  in  such  writ,  and  deliver  the  possession 
thereof  with  the  appurtenances  to  such  school  district. 

(112)      §  5726.     SEC.  11.     In  case  the    jury    hereinbefore  when  jury 
provided  for  shall  not  agree,  another  jury  may  be  summoned  dl6a&reee- 
in  the  same  manner,  and  the  same  proceedings  may  be  had, 
except  that  no  further  notice  of  the  proceedings  shall  be  nee- 


56 


STATE    OP   MICHIGAN. 


property  is 
'ed* 


essary;  but  instead  of  such  notice,  the  judge,  commissioner, 
or  justice  may  adjourn  the  proceedings  to  such  time  as  he 
shall  think  reasonable,  not  exceeding  thirty  days,  and  shall 
make  the  process  to  summon  a  jury  returnable  at  such  time 
and  place  as  the  said  proceedings  shall  be  adjourned  to. 
Adjournments  Such  proceedings  may  be  adjourned  from  time  to  time  by  the 
three  months,  said  judge,  or  commissioner,  or  justice,  on  the  application  of 
either  party,  and  for  good  cause,  to  be  shown  by  the  party 
applying  for  such  adjournment,  unless  the  other  party  shall 
consent  to  such  adjournment;  but  such  adjournments  shall 
not  in  all  exceed  three  months. 

(H3)  §  5727.  SEC.  12.  In  case  the  said  school  house 
site,  or  Jand  required  to  enlarge  the  same,  is  encumbered  by 
mortgage,  levy,  tax  sale,  or  otherwise,  as  aforesaid,  the  mort- 
gagee, or  other  parties  claiming  to  be  interested  in  said  title 
shall  severally  be  made  a  party  to  the  procedure  as  afore- 
said, and  shall  be  authorized  upon  the  filing  of  the  certificate 
of  the  jury  in  the  circuit  court  of  said  county,  to  appear  be- 
fore the  circuit  judge  and  make  proof  relative  to  their  pro- 
portionate claims  to  the  said  site,  or  the  compensation  to  be 
made  therefor,  as  determined  by  said  jury.  And  the  said  cir- 
cuit judge  shall,  by  decree,  settle  their  several  claims  in  ac- 
cordance with  the  rights  of  the  parties  respectively,  and  may 
divide  the  sum  awarded  by  said  jury  between  the  claimants 
as  in  his  judgment  will  be  equitable  and  right,  rendering 
against  said  district  a  separate  judgment  for  each  of  the 
amounts  so  awarded. 

Am.  1903,  Act  182. 


(H4)  §  5728.  SEC.  13.  The  circuit  judge,  judge  of  pro- 
county  treae-  bate,  or  circuit  court  commissioner  of  any  county  where  any 
drawn™7  b  money  has  been  deposited  with  the  county  treasurer  of  such 
county,  as  hereinbefore  provided,  shall,  upon  the  written  ap- 
plication of  any  person  or  persons  entitled  to  such  money, 
and  upon  receiving  satisfactory  evidence  of  the  right  of  such 
applicant  to  the  money  thus  deposited,  make  an  order,  direct- 
ing the  county  treasurer  to  pay  the  money  thus  deposited 
with  him  to  said  applicant;  and  it  shall  be  the  duty  of  such 
county  treasurer,  on  the  presentation  of  such  order,  with  the 
receipt  of  the  person  named  therein,  indorsed  on  said  order 
and  duly  acknowledged,  in  the  same  manner  as  conveyances 
of  real  estate  are  required  to  be  acknowledged,  to  pay  the 
same;  and  such  order,  with  the  receipt  of  the  applicant  or 
person  in  whose  favor  the  same  shall  be  drawn,  shall,  in  all 
courts  and  places,  be  presumptive  evidence  in  favor  of  such 
county  treasurer,  to  exonerate  him  from  all  liability  to  any 
person  or  persons  for  said  money  thus  paid  by  him. 

condensation       (115)     §  5729.     SEC.    14.     Circuit    judges,    circuit    court 

etc°,  oner8'        commissioners,  and  justices  of  the  peace,  for  any  services 

lings,     rendered  under  the  provisions  of  this  act,  shall  be  entitled  to 

the  same  fees  and  compensation  as  for  similar  services  in 


GENERAL  SCHOOL  LAWS.  57 

other  special  proceedings.  Jurors,  constables,  and  sheriffs 
shall  be  entitled  to  the  same  fees  as  for  like  services  in  civil 
cases  in  the  circuit  court. 

(116)     §  5730.     SEC.  15.     In  case  any  circuit  judge,   cir-  when  judge, 
cult  court  commissioner,  or  justice  of  the  peace,  who  shall  to°atlSSlle 


issue  a  summons    or   venire   for   a   jury,  shall  be  unable  to 
attend  to  any  of  the  subsequent  proceedings  in  such  case,  any  ceedings. 
other  circuit  court  commissioner  or  justice  of  the  peace  may 
attend  and  finish  said  proceedings. 


CHAPTER    IX. 

APPEALS    FROM    ACTION    OP    TOWNSHIP    BOARD. 

(117)     §  5731.     SEC.    1.      Whenever    any    five    or    more 
tax    paying    electors    having    taxable  property  within   any  action  o 
school  district  shall  feel  themselves  aggrieved  by  any  action,  bolr<f.hip 
order  or  decision  of  the  township  board  or  joint  boards  with 
reference  to  the  formation  or  any  division  or  consolidation  of 
said  school  district,  they  may,  at  any  time  within  sixty  days 
from  the  time  of  such  action  on  the  part  of  said  board,  ap- 
peal from  such  action,  order  or  decision  of  said  board  to  the 
county  commissioner  of  schools  and  a  circuit  court  commis- 
sioner of  the  county  in  which  such  school  district  is  situated. 
The  county  commissioner  of  schools  and  circuit  court  com-  Board  of 
missioner  shall  constitute  a  board  of  appeals  for  all  snchwSfto 
cases   and   shall   be   entitled    to   the   usual  fees  provided  by Con8titute- 
statute  for   circuit   court   commissioner.     When   an   appeal 
shall  be  filed  with  the  boa.-d  of  appeals  herein  provided  for, 
said  board  shall  serve  notice  on  the  clerk  of  the  township 
board  or  the  clerks  of  the  joint  boards  wh^  have  made  the  de- 
cision appealed  from,  and  said  clerk  or  clerks  shall  notify  the 
several  members  of  such  board  of  such  appeal.     The  notice  to  Notice  to 
the  clerk  and  township  board  shall  state  the  day  and  hour  Jferk? what 
when  such  appeal  will  be  heard,  and  it  shall  be  the  duty  of  to  state- 
said  board  of  appeals  to  review,  confirm,  set  aside  or  amend 
the  action,  order  or  decision  of  the  township  board  or  boards 
thus  appealed  from ;  or  if  in  its  opinion  the  appeal  is  frivol- 
ous or  without  sufficient  cause  it  may  summarily  dismiss  the 
same. 

Am.  1909,  Act  31. 

ACTION  OP  INSPECTORS:  The  board  of  inspectors  act  in  the  exercise 
of  a  public  discretionary  power  in  creating  or  changing  districts,  which  can 
be  reviewed,  if  at  all,  only  by  some  direct  appellate  process  which  operates 
upon  the  proceedings  themselves  to  affirm,  reverse  or  change  them. — Clement 
v.  Everest,  29  /  19. 

APPEAL :  School  Dist.  v.  Wilcox,  48  /  404.  When  it  seems  an  appeal 
could  not  be  taken. — Sch.  Dist.  v.  Sch.  Dist.,  63/57-8. 

CERTIORARI :  The  Issuance  of  a  writ  of  certiorari  being  largely  discre- 
tionary, and  not  permissible  to  accomplish  a  palpable  injustice,  a  writ  issued 
to  review  the  setting  aside  of  the  organization  of  a  school  district  out  of 
the  territory  of  two  others  will  be  dismissed  when  each  of  the  three  dis- 
tricts as  so  organized  would  be  financially  unable  to  support  a  school  with- 
out imposing  upon  the  residents  a  greater  burden  then  they  are  able  to  bear. 
—Silver  v.  Hamilton  Township  Board,  146  /  393. 


58 


STATE    OP    MICHIGAN. 


Appellants  to 
file  written 
statement. 


Bond, 
amount  of. 


Township 
board,  when 
to  file  tran- 
ecrij 
cet 


;ript  of  pro- 
iedings,  etc. 


(118)  §  5732.     SEC.  2.     Said  appellants  shall,  before  tak- 
ing such  appeal,  make  out  and  file  with  the  board  of  appeals 
a  written  statement,  to  be  signed  by  said  appellants,  setting 
forth  in  general  terms  the  action,  order  or  decision  of  the 
township  board   with  respect  to  which  the  appellants  feel 
themselves  aggrieved,  and  their  demand  for  an  appeal  there- 
from to  the  board  of  appeals,  and  shall  also  cause  to  be  ex- 
ecuted and  signed  by  one  of  their  number,  and  by  two  good 
and  sufficient  sureties  to  be  approved  by  the  board  of  appeals, 
a  bond  to  the  people  of  the  state  of  Michigan  in  the  penal 
sum  of  two  hundred  dollars,  conditioned  for  the  due  prosecu- 
tion of  said  appeal  before  said  board,  and  also  in  case  of  the 
dismissal  of  said  appeal  as  frivolous  by  said  board  for  the 
payment  by  said  appellants  of  all  costs  occasioned  by  reason 
or  saio,  appeal. 

Am.  Id. 

BOND  :  The  statute  is  positive  in  requiring  the  bond  to  be  approved  and 
it  cannot  be  dispensed  with. — Clement  v.  Everest,  29  /  21.  The  appeal  is  not 
complete  without  such  approval. — Id. 

(119)  §  5733.     SEC.  3.     Upon  the  filing  of  such  appeal 
papers  and  bond  with  the  said  board  of  appeals  and  after 
notice  by  the  board  of  appeals  to  the  township  board  from 
whose  decision  appeal  is  taken,  said  township  board  shall 
within  ten  days  thereafter  make  out  and  file  with  the  said 
board  of  appeals  a  full  and  complete  transcript  of  all  its  pro- 
ceedings,   actions,    orders    or    decisions    with    reference    to 
which  the  appeal  is  taken  and  of  its  records  of  the  same; 
also  said  bond  and  appeal  papers  and  all  petitions  and  remon- 
strances, if  any,  witn  reference  to  the  matters  appealed  from, 
and  upon  the  filing  of  the  same  with  said  board  of  appeals 
the  said  board  shall  be  deemed  to  be  in  possession  of  the 
case,  and  if  the  return  be  deemed  by  it  insufficient  the  board 
may  order  a  further  and  more  complete  return  by  said  town- 
ship board,  and  when  such  return  shall  by  it  be  deeemd  suffi- 
cient it  shall  proceed  with  the  consideration  of  the  appeal 
at  such  time  or  times,  within  ten  days  after  such  return  in 
such  manner  and  under  such  affirmation,  amendment  or  re- 
versal of  the  action,  order  or  decision  of  the  township  board 
appealed  from,  as  in  its  judgment  shall  seem  to  be  just  and 
right;  or  if  it  deem  the  appeal  to  be  frivolous  it  may  sum- 
marily dismiss  the  same. 

Am.  Id. 


CHAPTER  X. 

GRADED    SCHOOL    DISTRICTS. 

Organization         (120)     §  5734.     SECTION  1.    Any  school  district  containing 

Bciforoi  more  than  seventy-five  children  between  the  ages  of  five  and 

district.  twenty  years,  may,  by  a  majority  vote  of  the  qualified  voters 

present  at  any  annual  or  special  meeting,  organize  as  a  grad- 


GENERAL    SCHOOL   LAWS.  50 

ed  school  district.  The  intention  to  submit  the  question  of  the  Notice  of 
organization  of  a  graded  school  district  shall  be  expressed  in  " 
the  notice  of  such  annual  or  special  meeting.     When  such 
change  in  the  organization   of  the  district  shall  have  been 
voted,   the  voters  at   such   annual  or  special  meeting  shall 
proceed  immediately  to  elect  by  ballot  a  board  of  education 
<»l    five  members,  one  member  for  the  term  of  one  year,  two 
for  the  term  of  two  years  and  two  for  a  term  of  three  years, 
and  annually   thereafter  a.   successor    or    successors    to    the 
member  or  members  whose1  term  of  office  shall  expire.     Any  who  eligible, 
qualified   voter  in    such   district  whose  name  appears  upon 
the  assessment  roll  at  the  time  of  such  election  and  who  is 
the  owner  in  his  own  right  of  the  property  so  assessed,  shall 
be  eligible  to  election  or  appointment  to  the  office  of  mem- 
ber of  the  board  of  education.    In  the  election  of  members  of 
the  board  of  education  and. all  other  school  officers,  the  per- 
son receiving  a  majority  of  all  the  votes  shall  be  declared 
elected :     Provided,  That  all  graded  school  districts  organ-  Proviso, 
ized  prior  to  the  year  nineteen  hundred  seven  shall  operate 
after  the  passage  of  this  act  under  the  provisions  of  this  act 
without  reorganization:    And  provided  also,  That  in  all  such  Proviso, 
districts  the  members  of  the  board  of    education    hereafter 
elect  ed  shall  be  elected  under  the  provisions  of  this  act. 

Am.  1907,  Act  247  ;  1917,  Act  15. 

Simpkins    v.    Ward,   45/562. 

CUSTODY  OF  RECORDS :  The  proceedings  provided  by  statute,  sections 
9843-9851  C.  L.,  13554n-13562n  C.  L.  1915,  (chap.  39,  judicature  act  of  1915), 
to  compel  delivery  of  books  and  papers  by  a  public  officer  to  his  successor, 
are  not  adapted  to  a  determination  of  the  rights  of  contestants  to  any.  office, 
but  ;-re  merely  appropriate  for  ascertaining  whether  a  petitioner  is  prima 
incic  such  an  officer  as  entitles  him  to  possession  of  the  books  and  papers  of 
the  office.  After  an  adjudication  of  this  question  by  a  court  of  competent 
jurisdiction  the  defeated  party  can  not  review  the  judgment  by  certiorari  and 
thereby  defeat  the  object  of  the  statute,  but  must  resort  to  quo  warrauto  or 
other  'pn (lilies  appropriate  to  try  title  to  an  office. — Murta  v.  Carr,  140  / 

GR\DED  SCHOOL  DISTRICTS:  The  wisdom  of  the  graded-school-dis- 
trict  act  was  vindicated  in  Stuart  v.  Sell.  Dist.,  30  /  G9,  and  its  validity 
determined. — Keweeuaw  Ass'n  v.  Sch.  Dist.,  98/439.  It  is  competent  under 
the  constitution  to  provide  by  taxation  for  free  instruction  in  the  higher 
departments  of  education,  in  union  and  high  schools. — Stuart  v.  Sch.  Dist., 
30  /  G9.  Union  and  graded  schools,  whether  organized  under  the  general  law 
or  created  by  special  enactment  are  subject  to  the  general  primary  school 
law.  except,  as  otherwise  provided  in  the  law  creating  them. — People  v.  De- 
troit Board  of  Education,  18/411;  Keweenaw  Ass'n  v.  Sch.  Dist.,  98/442. 

ALL  OTHER  OFFICERS  :  The  term  "all  other  school  officers"  includes 
the  director,  moderator  and  assessor  of  primary  school  districts,  there  being 
no  others  to  whom  it  could  refer,  as  the  trustees  are  the  only  officers  to  be 
elected  in  graded  school  districts. — Cleveland  v.  Amy,  88  /  377. 

LEGISLATIVE  PROVISIONS:  The  constitution  does  not  require  an  abso- 
lute uniformity  in  school  districts  throughout  the  state  and  the  legislature 
has  not  so  construed  the  constitutional  provisions.  Uniformity  has  not  been 
kept  up ;  graded  schools  have  been  established ;  boundaries  of  districts 
changed  and  h'xed  by  the  legislature  ;  and  the  qualifications  of  electors  at 
school  meetings  have  been  fixed,  limiting  the  classes  entitled  to  vote  and 
providing  exceptional  methods  of  electing  officers.  The  mayor  of  Grand 
Rapids  is  made  a  trustee  and  ex  officio  member  of  the  board  of  education  ; 
and  being  a  trustee  he  is  eligible  to  the  office  of  president  of  the  board. 
The  president  of  the  board  has  the  veto  power.  The  mayor  of  Alpena  is 
president  of  the  board,  and  the  trustees  elected  constitute  the  board,  and 
exercise  all  the  powers  and  perform  the  duties  of  trustees.  The  mayor  of 
Detroit,  as  ex  officio  member  of  the  board  of  education  has  the  veto  power, 
and  this  provision  is  constitutional. — Piugree  v.  Board  of  Education,  99  / 
407-9.  It  is  no  new  thing  for  the  legislature  to  fix  the  boundaries  of 
school  districts.  It  is  done  by  the  charter  of  nearly  every  city  or  village 
in  the  state,  and  some  of  them  go  so  far  as  to  provide  exceptional  methods 
of  electing  officers  and  limiting  the  classes  entitled  to  vote  (citing  Mudge 
v.  Jones,  59/165). — Keweenaw  Ass'n  v.  Sch.  Dist,  98/441.  And  in  Perrizo 
v.  Kesler,  93/280,  an  act  providing  for  the  organization  of  school  districts 
from  entire  townships  was  held  valid. — Id.  442. 


60 


STATE    OF   MICHIGAN. 


Acceptance 
of  office. 


Organization 
of  board. 


Vacancies. 


Bond  of 
treasurer. 


Township 
board  or 
city  council 
may  appoint 
officers  of 
board. 


Board  of 
education. 

To  determine 
course  of 
Btudy. 


To  establish 
high  school. 


(121)  §  5735.     SEC.  2.     Within  ten  days  after  his  elec- 
tion, each  member  shall  file  with  the  secretary  of  the  board 
an  acceptance  of  the  office  to  which  he  has  been  elected,  ac- 
companied by  an  affidavit  setting  forth  the  fact  of  eligibility 
as  described  in  section  one  of  this  chapter.     The  board  of 
education  shall  annually,  and  within  fifteen  days  after  the 
annual  meeting,  or  within  fifteen  days  after  the  organiza- 
tion under  this  act,  elect  from  its  own  number  a  president,  a 
secretary  and  a  treasurer,  and  for  cause  may    remove    the 
same  from   such  offices  and  may  appoint    others    of    their 
number  in  such  places,  and  these  officers  shall  perform  the 
duties  prescribed  by  the  general  school  law  for  the  modera- 
tor, director  and  treasurer  of  the  district,  except  as  herein- 
after provided.   The  board  of  education  shall  have  power  to 
fill  any  vacancy  that  may  occur  in  its  number  until  the  next 
annual  meeting,  and  if  three  vacancies  occur  at  the  same 
time  a  special  meeting  of  the  district  shall  be  called  to  elect 
members  of  the  board  to  fill  such  places.   Within  thirty  days 
after  his  appointment,  the  treasurer  of  the  board  shall  file 
with  the  secretary  an  official  bond  in  such  an  amount  and 
form  as  may  be  determined  by  said  board.     Said  bond  may 
be  either  personal  or  of  some  surety  company  authorized  to 
do  business  in  this  state,  and  it  shall  be  given  for  a  sum  not 
less  than  the  greatest  amount  of  money  that  the  treasurer 
may  have  in  his  possession  or  under  his  control  at  any  time 
during  his  term  of  office,  as  near  as  the  same  can  be  deter- 
mined.    When  a  personal  bond  is  given  it  shall  be  signed  by 
not  less  than  two  sureties,  each  of  whom  shall  justify  under 
oath  to  the  full  amount  of  the  bond.     If  a  surety  bond  is  re- 
quired and  purchased,  it  may  be  at  the  expense  of  the  dis- 
trict.    Whenever,  in  any  case,  the  board  of  education  shall 
fail  or  neglect  to  elect  the  officers  of  the  board  named  in  this 
section  within  fifteen  days  next  after  the  annual  meeting,  or 
after  the  organization  of  the  district,  the  township  board  or 
the  common  council  of  any  city  within  which  said  district 
is  located  shall  appoint  the  said  officers  from  the  members  of 
the  board. 

Am.  1901.  Act  165  ;  1907,  Act  247 ;  1913,  Act  241. 

VACANCIES — COSTS  :  The  minority  of  a  school  board  have  no  authority 
to  commence  an  action  in  its  name,  and,  if  they  do  so,  they  will  be  indi- 
vidually responsible  for  the  costs. — Johnston  v.  Mitchell,  120/589. 

(122)  §  5736.     SEC.  3.     It  shall  be  the  duty  of  the  board 
of  education  in  any  graded  school  district: 

First,  To  determine  the  course  of  study  to  be  pursued  and 
to  cause  the  pupils  attending  school  in  such  district  to  be 
taught  in  such  schools  or  departments  as  they  may  deem 
expedient ; 

Second,  To  establish  in  such  district  a  high  school,  when 
directed  by  a  vote  of  the  district  at  any  annual  or  special 
meeting,  and  to  determine  the  qualifications  for  admission 
to  such  high  school  and  the  fees  to  be  paid  for  tuition  by 


GENERAL  SCHOOL  LAWS.  61 

non-resident  students :     Provided,    That    when    non-resident  Proviso^ 
students,  their  parents  or  legal  guardians  shall  pay  a  school  non-residents, 
tax  in  said  district,  the  same  shall  be  credited  on  their  tui- 
tion a   sum  not  to  exceed  the  amount  of  such  tuition,  and 
they  shall  only  be  required  to  pay  tuition  for  the  difference 
between  the  amount  of  the  tax  and  the  amount  charged  for 
tuition ; 

Third,   To  audit  and  order  the  payment  of  all  accounts  of  Toa .udit ^ 
the  secretary  for  incidentals  or  -other  expenses  incurred  by  secretary. 
him  in  the  discharge  of  his  duties;  but  not  more  than  one 
hundred  dollars  shall  be  expended  by  the  secretary  in  one 
year  for  repairs  of  buildings  or  appurtenances  of  the  dis- 
trict property  or  for  necessary  appendages  without  the  au- 
thority of  the  board  of  education; 

Fourth,    To  estimate  and  vote  the  amount  of  tax  neces-  andevoteate 
sary,  in  addition  to  other  school  funds,  for  teachers'  wages,  amount  of 
fuel  and  incidental  expenses,  for  the  ensuing  year,  and  when  ta*' 
the  voters  fail  or  neglect  to  vote  the  same,  to  estimate  and 
vote  the  amount  of  tax  necessary  for  salaries  of  officers  and 
servants,  and  when  such  tax  has  been  voted  by  the  board  of 
education  it  shall  be  reported  to  the  assessing  officer  in  the 
same  manner  as  other  taxes  of  the  district  are  reported; 

Fifth,   In  all  villages  and  cities  organized  as  graded  school  ^plSJJJendent 
districts  under  the  provisions  of  this  act,  in  which  districts  of  schools, 
six  or  more  teachers  are  employed,  to  employ  a  superintend- 
ent of  schools  who  shall  be  the  holder  of  at  least  a  state  life 
certificate  or  a  normal  school  diploma,  or  who  shall  have  Duties  of 
educational  qualifications  equivalent  thereto,  and  said  super-  fendent. 
intendent  shall  have  the  following  duties: 

(a)  To  recommend  in  writing  all  teachers  necessary  for 
the  schools,  and  to  suspend  any  teacher  for  cause  until  the 
board  of  education,  or  a  committee  of  such  board,  may  con- 
sider such  suspension ; 

(b)  To  classify  and  control  the  promotion  of  pupils; 

(c)  To  recommend  to  the  board  the  best  methods  of  ar- 
ranging the  course  of  study  and  the  proper  text-books  to  be 
used; 

(d)  To  make  reports  in  writing  to  the  board  of  education 
and  to  the  superintendent  of  public  instruction  annually  or 
eftener  if  required,   in   regard   to   all  matters  pertaining  to 
the  educational  interests  of  the  district; 

(e)  To  supervise  and  direct  the  work  of  the  teachers; 

(f)  To  assist  the  board  in  all  matters  pertaining  to  the 
general  welfare  of  the  school  and    to    perform    such    other 
duties  as  the  board  may  determine. 

Sixth,    To  employ  all  legally  qualified  teachers  necessary  TO  employ 
for  the  several  schools  upon  recommendation  of  the  superin-  dctermfne 
tendent,  and  to  determine  the  amount  of  their  compensation,  salary  of ,  etc. 
and  to  require  the  secretary  and  president  to  make  contracts 
with  the  same  on  behalf  of  the  district  in  accordance  with 
the  provisions  of  law  governing    contracts    with    teachers: 


62 


STATE    OF    MICHIGAN. 


Proviso. 


To  employ 

other 

officers. 


Other  duties 
of  board. 


Provided,  That  the  board  of  education  may  employ  a  teacher 
not  recommended  by  the  superintendent,  or  may  reinstate  a 
teacher  suspended  by  the  superintendent; 

Seventh,  To  employ  such  other  officers  and  servants  as  may 
be  necessary  for  the  management 'of  the  schools  and  school 
property,  and  to  prescribe  their  duties  and  fix  their  com- 
pensation ; 

Eighth,  To  perform  such  other  duties  as  are  required  of 
district  boards  in  other,  school  districts,  or  as  may  be  neces- 
sary to  the  general  welfare  of  the  school  and  district. 

FIRST:  'To  classify  and  grade.— People  v.  Detroit  Bd.  of  Ed.,  18/412. 
Under  our  system  it  is  common  and  convenient  to  have  the  various  grades 
in  one  building  and  there  is  nothing  illegal  in  it. — Hathaway  v.  New  Balti- 
more, 48  /  255.  The  authority  to  classify  and  grade  the  pupils  and  pre- 
scribe the  course  of  studies  confers  the  power  to  provide  for  teaching  music 
and  to  purchase  a  piano  for  such  purpose. — Knabe  v.  Board  of  Education, 
67  /  262. 

FOURTH  :  A  contract  with*  a  qualified  teacher,  made  pursuant  to  a  reso- 
lution adopted  by  a  majority  of  the  trustees  and  signed  by  the  moderator 
and  assessor  and  one  of  the  trustees,  is  valid  though  not  signed  by  the 
director.— Farrell  v.  Sch.  Dist.,  98/43  (citing  Crane  v.  Sch.  Dist.,  61/299). 
The  board  has  power  to  employ  a  qualified  teacher  for  the  ensuing  year  prior 
to  the  annual  school  meeting. — Id.,  (citing  Tappan  v.  Sch.  Dist..  44/500; 
Cleveland  v.  Amy,  88/374).  The  power  to  employ  teachers  conferred  upon 
the  district  boards  of  primary  schools  is  co-extensive  with  that  conferred 
upon  the  boards  of  trustees  of  graded  schools. — Cleveland  v.  Amy,  88  /  376. 
Teachers  in  graded  schools  are  required  to  have  certificates  in  the  same  man- 
ner as  teachers  in  primary  schools ;  but  a  person  employed  by  the  board  to 
superintend  and  manage  the  schools  need  not  be  a. teacher  nor  have  a  teach- 
er's certificate. — Davis  v.  Sch.  Dist..  81/214.  The  trustees  are  empowered 
to  employ  all  teachers  necessary,  and  what  teachers  are  necessary  is  left  to 
be  decided  by  their  sound  discretion. — Tappan  v.  Sch.  Dist.,  44  /  502. 

FIFTH  :  The  power  to  appoint  a  superintendent  of  schools  is  incident  to 
the  full  control  which  by  law  the  board  has  over  the  schools. — Stuart  v.  Sch. 
Dist.,  30  /  85.  Qualification  of  superintendents,  see  Davis  v.  Sch.  Dist.,  81  / 
219-20. 

SIXTH :  A  contract  between  a  teacher  and  a  graded  school  district  is 
invalid,  unless  the  teacher,  at  the  time  of  making  the  contract,  has  the  cer- 
tificate required  by  section  260,  authorizing  her  to  teach  during  the  term 
covered  by  the  contract ;  obtaining  a  certificate  after  the  making  of  the  con- 
tract, and  before  commencement  of  school,  is  not  a  compliance  with  the 
statute.— McCloskey  v.  Sch.  Dist.,  134/235. 


Altering 
boundaries  of 
graded  school 
districts. 


Proviso, 
appeal. 


Bond, 
amount  of, 
where  filed. 


(123)  §  5737.  SEC.  4.  No  alterations  shall  be  made  in 
the  boundaries  of  any  graded  school  district  without  the  con- 
sent of  a  majority  of  the  trustees  of  said  district,  which  con- 
sent shall  be  spread  upon  the  record  of  the  district,  and 
placed  on  file  in  the  office  of  the  clerk  of  the  township  or 
city  to  which  the  reports  of  said  district  are  made:  Pro- 
vided, however,  That  any  three  or  more  taxpaying  electors 
having  children  between  the  ages  of  five  and  twelve  years, 
residing  one  and  one-half  miles  or  more  from  a  school  house 
in  such  district,  feeling  themselves  aggrieved  by  any  action, 
order  or  decision  of  the  board  of  trustees  with  reference  to 
the  alteration  of  said  school  district  affecting  their  interests, 
may,  at  any  time  within  sixty  days  from  the  time  of  such 
action  on  the  part  of  said  board  of  trustees,  appeal  from 
such  action,  order  or  decision  of  such  board  of  school  trustees 
to  the  judge  of  probate  of  the  county  in  which  such  school- 
house  is  situated,  in  the  same  manner,  as  nearly  as  may  be, 
as  appeals  from  the  action  of  the  township  board,  as  pro- 
vided by  chapter  nine  of  this  act.  Said  appellants  shall  file 
a  bond  with  said  judge  of  probate,  with  sufficient  sureties  to 


GENERAL    SCHOOL    LAWS.  63 

be  approved  by  said  judge  of  probate,  in  the  penal  sum  of 
not  exceeding  two  hundred  dollars  in  the  discretion  of  the 
court,  indemnifying  said  school  district  of  any  and  all  costs 
made  on  such  appeal  in  case  the  appellants  shall  not  prevail 
therein.     Whereupon  said  judge  of  probate  shall  be  empow-  Judge  of 
ered  to  entertain  such  appeal,  and    review,    confirm    or    Bet  review61 
aside  or  amend  the  action  of  the  board  of  trustees  appealed  action- 
from. 

Am.  1899,  Act  258;  1909,  Act  83. 

NO  ALTERATION  : — People  v.  Ryan,  19  /  207  ;  Simpkins  v.  Ward,  45  / 
559 ;  Burnett  v.  Inspectors,  97  / 103.  Addition  of  territory  by  legislative 
action. — Keweenaw  Ass'n  v.  Sch.  Dist.,  98/439-41. 

(124)  §  5738.     SEC.  5.     Whenever  two  or  more  contigu-  £!fladed 
ous  districts,  having  together  more  than  one  hundred  children  district, 
between  the  ages  of  live  and  twenty  years,  after  having  pub-  tricSf  may" 
lished  in  the  notices  of  the  annual  meetings  of  each  district  unite  for- 
the  intention  to  take  such  action,  shall  severally,  by  a  vote  of 

a  majority  of  the  qualified  voters  attending  the  annual  meet- 
ings in  said  districts,  determine  to  unite  for  the  purpose  of 
establishing  a  graded  school  district  under  the  provisions  of 
this  chapter,  the  township  board  of  the  township  or  town-  Township 
ships  in  which  such  districts  may  be  situated  shall,  on  being  duty  of. 
properly  notified  of  such  vote,  proceed  to  unite  such  districts, 
and  shall  appoint  as  soon  as  practicable  a  time  and  place  for 
a  meeting  of  the  new  district,  and  shall  require  three  notices  Notices, 
of  the  same  to  be  posted  in  each  of  the  districts  so  united  at  posting  of- 
least  five  days  before  the  time  of  such  meeting,  and  at  such  Board  of 
meeting  the  district  shall  elect  a  board  of  trustees,  as  pro-  SSSS'cf- 
vided  in  section  one  of  this  chapter,  and  may  do  whatever 
business  may  be  done  at  any  annual  meeting. 

Am.   1909,   Act  83. 

Burton   v.   Koch,    184/253. 

(125)  §  5739.     SEC.  6.    Whenever  the  trustees  of  any  or-  Primary 
ganized  graded  school  district  shall  be  presented  twenty  days  SteSfcte, 
before  the  annual  meeting  thereof  with  a  petition  signed  by  JJjJJj1  m*y 
ten  voters  of  said  district,  stating  that  it  is  the  desire  of  said  c 
petitioners  that  at  the  annual  meeting  of  said  school  district 

there  shall  be  submitted  to  said  annual  meeting  the  proposi- 
tion to  change  from  a  graded  school  district  to  one  or  more 
primary  school  districts,  the  said  trustees  shall,  in  their 
notice  of  such  annual  meeting,  state  that  the  proposition  set 
forth  in  said  petition  will  be  presented  to  said  meeting,  and 
if  two-thirds  of  the  qualified  voters  present  at  said  meeting 
shall  vote  to  change  to  one  or  more  primary  school  districts 
such  change  shall  be  made,  and  it  shall  be  the '  duty  of  the  Township 
township  board  of  the  township  or  townships  in  which  such 
district  is  situated,  upon  being  duly  notified  of  such  vote,  to 
proceed  to  change  or  divide  such  district  as  determined  by 
such  annual  meeting,  and  they  shall  provide  for  the  holding  First 
of  the  first  meeting  in  the,  or  each  of  the,  proposed  primary  meeting- 
school  districts  in  the  same  manner  as  is  provided  for  by  law 


64 


STATE    OP    MICHIGAN. 


Fractional 
districts. 


for  the  organiz  .tion  of  primary  school  districts,  and  when- 
ever a  fractional  graded  school  district  shall  be  so  changed, 
the  township  boards  of  the  respective  townships  where  such 
graded  school  district  is  situated  shall  organize  the  said  dis- 
trict into  one  or  more  primary  school  districts,  as  provided 
for  by  law. 

Am.  Id. 


CHAPTER   XI. 


Township 
or  city  may 
maintain 
library. 


Proviso, 
abandonment. 


Further 
proviso,  in 
case  of 
legal  action. 

Further 

proviso, 

township 

school 

district. 


Who  are 
entitled  to 
privileges 
of  library. 

Proviso. 


Township 
library,  who 
to  have 
charge  of, 
etc. 


LIBRARIES. 

(126)  §  5740.     SECTION  1.     A  library  may  be  maintained 
in  each  organized  township  or  city  which  shall  be  the  prop- 
erty of  the  township  or  city  and  under  the  control  of  the 
township  board  of  said  township  or  the  board  of  education 
of  the  village  or  city.    All  actions  relating  to  such  library  or 
for  the  recovery  of  any  penalties  lawfully  established  in  rela- 
tion thereto,  shall  be  brought  in  the  name  of  the  township 
or  city:    Provided,  That  if  in  the  judgment  of  said  township 
board  the  people  of  said  township  will  be  better  served  by 
dispos*  g  of  said  library  to  the  several  school  districts  of  the 
township,  said  board  shall  have  authorit}^  to  take  such  action, 
or  the  said  board  may  authorize  the  merging  of  the  township 
library  intu   a  free   public   library  in   accordance  with   the 
statutes  authorizing  the  establishment  of  uich  free  public 
libraries,    and    after    such    merging  the  free  public  library 
so  established  shall  receive  all  the  books  of  the  former  town- 
ship library,  and  the  township  library  shall  be  considered 
abandoned:    Provided  further,  That  when  any  legal  action 
is  taken  or  becomes  necessary  concerning  the  township  library 
the  tov  nship  clerk  shall  represent  the  township  in  all  actions 
concerning  said  library:    Provided  further,  That  when  any 
township  has  already  been  organized  as  a  township  school 
district  or  shall  hereafter  be  organized  as  a  township  school 
district,  the  control  of  the  township  library  shall  pass  from 
the  township  board  to  the  board  of  education  of  such  town- 
ship, and  all  rights,  powers  and  duties  heretofore  exercised 
by  the  said  township  board  or  the  members  thereof  shall  be 
thereafter  exercised  and  performed  by  the  township  board  of 
education  through  the  proper  officers. 

Am.  1909*  Act  32. 

(127)  §  5741.     SEC.  2.    All -persons  who  are  residents  of 
the  township  shall  be  entitled  to  the  privileges  of  the  town- 
ship library,  subject  to  such  rules  and  regulations  as  may  be 
lawfully  established  in  relation  thereto:   Provided,  That  per- 
sons residing  within  the  boundaries  of  any  school  district 
in  which  a  district  library  has  been  established  shall  be  en- 
titled to  the  privileges  of  such  district  library  only. 

(128)  §  5742.     SEC.   3.     The  township  board 'shall  have 
charge  of  the  township  library  and  the  township  treasurer 
shall    apply   for   and    receive   from    proper    authorities    all 


GENERAL  SCHOOL  LAWS.  65 

moneys  appropriated  for  the  township  library  and  shall  keep 
a  separate  account  of  such  funds.     The  township  treasurer 
shall  pay  out  such  library  moneys  on  the  order  of  the  town- 
ship clerk,  countersigned  by  the  supervisor.     The  township 
board  shall  purchase  books  and  procure  the  necessary  ap- 
pendages for  the  township  library :    Provided,  That  when  the  Proviso, 
township  library  shall  pass  to  the  control  of  the  township  control  to 
board  of  education,  the  township  treasurer  shall  continue  to  edScat?on. 
apply  for  and  receive  all  library  moneys  and  pay  them  over 
to  the  treasurer  of  the  board  of  education  upon  proper  war- 
rant of  the  township  district.    In  villages  or  cities  the  treas-  cities  or 
urer  of  the  board  of  education  shall  apply  for  and  receive  all  viUage8- 
moneys  apportioned  or  appropriated  for  libraries  and  shall 
disburse  such  funds  in  the  same  manner  as  other  educational 
funds. 

Am.  1909,  Act  32. 

(129)  §  5743.     SEC.  4.     Said  board  shall  be  held  account-  who 
able  for  the  proper  care  and  preservation  of  the  township  fo?care,aetc., 
library,  and  shall  have  power  to  provide  for  the  safe  keeping  of  library. 
of  the  same,   to  prescribe  the  time  for  taking  and  return- 
ing books,  to  assess  and  collect  fines  and  penalties  for  the 

loss  or  injury  of  said  books,  and  to  establish  all  other  needful 
rules  and  regulations  for  the  management  of  the  library,  as 
said  board  shall  deem  proper,  or  the  superintendent  of  public 
instruction  may  advise. 

(130)  §  5744.     SEC.  5.     The  township  board  shall  cause  Township 
the  township  library  to  be  kept  at  some  central  and  suitable 

place  in  the  township  which  it  shall  determine.     Said  board  Librarian, 
shall  also,  within  ten  days  after  the  annual  township  meet-  term!net?ent> 
ing,  appoint  a  librarian  for  the  term  of  one  year  to  have  the 
care  and  superintendence  of  said  library,  and  such  librarian 
shall  be  responsible  to  the  township  board  for  the  impartial 
enforcement  of  all  rules  and  regulations  lawfully  established 
in  relation  to  said  library.  * 

Am.  1909,  Act  32. 

(131)  §  5745.     SEC.  6.   Any  school  district,  by  a  majority  school 
vote  at  an  annual  or  special  meeting,  may  establish  a  school 
district  library,  due  notice  of  said  action  to  be  stated  on  the 
annual  or  special  meeting  notice,  and  such  district  shall  be  lished,  etc. 
entitled  to  its  just  proportion  of  books  from  the  library  of  gjjjg  5 
any  township  in  which  it  is  wholly  or  in  part  situated,  to  be  money, 
added  to  the  district  library,  and  also  to  its  equitable  share 

of  any  library  moneys  remaining  unexpended  in  any  such 
township  or  town  ships  at  the  time  of  the  establishment  of 
such  district  library  or  that  shall  thereafter  be  raised  by  tax 
in  such  township  or  townships  or  that  shall  thereafter  l}g 
apportioned  to  the  township  for  Ubrary  purposes^ 

Am.  Id. 


66 


STATE    OF    MICHIGAN. 


Library, 
who  to 
have  charge 
of,  etc. 


Township 
clerk  to 
report 
annually. 


Director, 
report  01, 
what  to 
include. 


Failure  to 
report. 


Forfeiture 
of  library 
moneys. 


(132)  §  5746.     SEC.  7.     The  district  board  of  any  school 
district  or  the  board  of  education  of  any  township  school  dis- 
trict, village  or  city  in  which  a  library  may  be  established 
in   accordance  with   the  provisions   of   this   act,   shall   have 
charge  of  such  library  and  provide  the  necessary  conveniences 
for  the  proper  care  of  such  library,  and  said  board  shall  be 
responsible  for  and  shall  use  all  moneys  raised  or  appor- 
tioned for  its  support  in  accordance  with  the  provisions  of 
law. 

Am.  Id. 

Libraries  are  within  the  proper  range  of  school  apparatus ;  and  there  is 
nothing  in  our  laws  which  cuts  off  public  corporations  from  accepting  benevo- 
lent offerings  to  enable  them  to  extend  their  usefulness  and  benefit  their  peo- 
ple, by  enlarging  their  opportunities  for  culture  and  refinement  without  multi- 
plying or  increasing  their  burdens. — Maynard  v.  Woodard,  36  /  425,  427. 

(133)  §  5747.     SEC.  8.     The  township  clerk  shall  give  in 
his  annual  report  to  the  superintendent  of  public  instruction 
such  facts  and  statistics  relative  to  the  management  of  the 
township  library  and  the  library  moneys  thereof  as  said  su- 
perintendent of  public  instruction  shall  direct,  and  the  dis- 
trict board  or  board  of  education  of  any  district,  village  or 
city  having  a  library  shall  give  in  the  annual  report  of  the 
director  or  secretary  such  facts  and  statistics  relative  to  the 
library  as  the  state  superintendent  of  public  instruction  may 
direct,  and  where  school  officers  report  to  the  township  clerk 
they  shall  include  similar  information  in  said  report  to  said 
clerk. 

Am.  Id. 

(134)  §  5748.     SEC.  9.    In  case  the  township  board  of  any 
township,  or  the  district  board  of  any  school  district,  or  the 
board  of  education  of  any  village,  city  or  township,  shall  fail 
to  make  the  reports  required  by  this  act,  or  in  case  it  shall 
appear  that  any  township  or  school  district  or  township  dis- 
trict, village  or  city  has  failed  to  use  the  library  money  in 
strict  accordance  with  the  provisions  of  law,  such  township 
or  district  or  township  district,  village  or  city  shall  forfeit 
its  share  of  the  library  moneys  that  are  apportioned  for  the 
ensuing  year  and  such  money  shall  be  apportioned  to  other 
township  districts,  villages  or  cities  in  the  county  as  here- 
inafter provided. 

Am.  Id. 


Annual 
statement  of 
townships, 
etc.,  entitled 
to  library 
money. 


(135)  §  5749.  SEC.  10.  The  superintendent  of  public  in- 
struction shall  annually,  and  previous  to  the  fifteenth  day  of 
July  transmit  to  the  clerk  of  each  county  a  statement  of 
the  townships,  districts,  township  districts,  villages  and  cities 
in  his  county  that  are  entitled  to  receive  library  moneys,  giv- 
ing the  number  of  children  in  each  case  between  the  ages  of 
five  and  twenty  years  as  shall  appear  from  the  annual  re- 
ports of  such  townships,  districts,  township  districts,  villages 
or  cities  for  the  school  year  last  ending.  Said  clerk  shall 


GENERAL  SCHOOL  LAWS.  67 

file  such  statement  in  his  office  and  shall  forthwith  furnish  a 
copy  thereof  to  the  county  treasurer.    The  state  superintend-  statement 
ent  shall  also  furnish  a  copy  of  such  statements  t^  the  town-  to  whom"1 
ship  clerks  or  city  clerks  in  each  county.  furnished. 

Am.  1909,  Act  32;   1913,  Act  243. 

(136)  §  5750.     SEC.  11.    The  proceeds  of  all  fines  for  any  Certain  fines. 
breach  of  the  penal  laws  of  this  state,  when  collected  in  any 

county  and  paid  into  the  county  treasury,  together  with  all 
moneys  heretofore  collected  and  paid  into  said  treasury  on 
account  of  such  fines  and  not  already  apportioned,  shall  be 
apportioned  by  the  county  treasurer  in  accordance  with  the 
directions  of  the  superintendent    of    public  instruction,  as 
provided  in  the  preceding  section,   before  the  first  day  of 
August  in  each  year  among  the  several  townships,  districts,  Whg£d  to 
township  districts,  villages  and  cities  in  the  county,  which  support  of 
money  when  received  by  the    proper    authorities    shall    be Ubranes- 
exclusively  applied  to  the  support  of  township,  district,  town- 
ship district,  village  and  city  libraries  and  to  no  other  pur- 
poses. 

Am.  Id. 

FINES,  ETC. :     See  Const.,  Art.  XI,  section  14. 

(137)  §  5751.     SEC.    12.      The   qualified    voters    of   each  voteremay 
township  shall  have  power  at  any  annual  township  meeting,  support  of 
to  vote  a  tax  for  the  support  of  libraries  established  in  ac-  L 
cordance  with  the  provisions  of  this  act,  and  the  qualified 

voters  of  any  school  district,  in  which  a  district  library  shall 
be  established,  shall  have  power,  at  any  annual  meeting  of 
such  district,  to  vote  a  district  tax  for  the  support  of  said 
district  library.     When  any  tax  authorized  by  this  section  HOW  tax  to 
shall  have  been  voted,  it  shall  be  reported  to  the  supervisor,  a^eeeedand 
levied,  and  collected  in  the  same  manner  as  other  township  coUected- 
and  school  district  taxes. 

(138)  §  5752.     SEC.  13.     The  district  board  or  board  of  Books,  sale  or 
education   of   any   school   district   may   donate  or  sell   any donatlon  of- 
library  book  or  books  belonging  to  such  district  to  the  town- 
ship board,  where  there  is  a  township  library  or  to  the  city 

library  in  cities,  and  such  books  shall  thereafter  form  a  part 
of  the  township  or  city  library. 

Am.  1909,  Act  32. 


CHAPTER   XIII. 

PENALTIES  AND  LIABILITIES. 

(139)      §  5753.     SECTION  1.     Any  taxable  inhabitant  of  a  Penalty  on 
newly  formed  district  receiving  the  notice  of  the  first  meet-  }^  n^gSct 
ing,  who  shall  neglect  or  refuse  duly  to  serve  and   return  of  duty- 
such  notice,  and  every  chairman  of  the  first  district  meeting 
in  any  district,  who  shall  wilfully  neglect  or  refuse  to  per- 


68 


STATE    OF   MICHIGAN. 


or  refusing 
to  perform 
duties. 


Township 
clerk, 

liability  of, 
for  failure 
to  report. 


form  the  duties  enjoined  on  him  in  this  act,  shall  respectively 
forfeit  the  sum  of  five  dollars. 

penalty  on  (140)      §  5754.     SEC.  2.     Any  person  duly  elected  to  the 

office  of  moderator,  director,  treasurer,  or  trustee  of  a  school 
district,  who  shall  neglect  or  refuse,  without  sufficient  cause, 
to  accept  such  office  and  serve  therein,  or  who,  having  entered 
upon  the  duties  of  his  office,  shall  neglect  or  refuse  to  per- 
form any  duty  required  of  him  by  virtue  of  his  office,  shall 
forfeit  the  sum  of  ten  dollars. 

Am.  1901,  Act  165. 

Hinman  v.  Sch.  District.,  4/170. 

If  the  district,  by  an  officer's  wilful  act  or  neglect  of  duty,  is  subjected  to 
suit  or  judgment,  the  district  in  its  corporate  capacity  must  recover  the 
amount,  but  individual  citizens,  who  have  been  taxed  to  satisfy  the  judgment, 
cannot  recover  their  taxes  from  such  officer. — Wall  v.  Eastman,  1  /  268. 

(141)  §  5755.     SEC.  4.     If  any  township  clerk  shall  neg- 
lect or  refuse  to  make  out  and  transmit  the  annual  report 
containing  the  reports  of  the  several  school  districts  of  his 
township  or  any  other  report  which  the  law  may  require  of 
him,  within  the  time  limited  therefor,  he  shall  be  liable  to 
pay  the  full  amount  lost  by  the  township  or  any  district  or 
districts  by  such  neglect  or  refusal,  with  interest  thereon,  to 
be  recovered  in  an  action  of  debt  or  on  the  case. 

Am.  1909,  Act  32. 

feec.  3  was  repealed  by  Act  32,  P.  A.  1909. 

(142)  §  5756.     SEC.  5.     Any  county  clerk  or  county  com- 
missioner of  schools  Avho  shall  neglect  or  refuse  to  transmit 
to  the  superintendent  of  public  instruction   the  reports  re- 
quired by  this  act  or  any  other  reports  which  the  law  may  re- 
quire, within  the  time  limited  therefor,  shall  be  liable  to  pay 
to  each  township,  village  or  city  the  full  amount  which  such 
township  or  any  school  district,  village  or  city  therein  shall 
lose  by  such  neglect  or  refusal,  with  interest  thereon  to  be 
recovered  in  an  action  of  debt  or  on  the  case. 

Am.  Id. 

(143)  §  5757.    SEC.  6.     All  the  moneys,   collected  or  re- 
ceived by  any  township  treasurer  under  the  provisions  of 
either   of  the  two  last  preceding  sections,   shall  be  appor- 
tioned and  distributed  to  the  school  districts  entitled  thereto, 
in  the  same  manner  and  in  the  same  proportion  that  the 
moneys  lost  by  any  neglect    or    refusal    therein    mentioned 
would,   according  to  the  provisions  of  this  act,   have   been 
apportioned  and  distributed. 

(144)  §  5758.      SEC.   7.      Any   township   clerk   who   shall 
neglect  or  refuse  to  certify  to  the  supervisor  any  school  dis- 
trict taxes  that  have  been  reported  to  him  as  required  by  this 
act,   and   any   supervisor   wilfully  neglecting  to   assess   any 
such  tax  shall  be  liable  to  any  district  for  any  damage  oc- 
casioned thereby,  to  be  recovered  by  the  treasurer  in  the 
name  of  the  district,  in  an  action  of  debt,  or  on  the  case. 

Am.  1901,   Act  165. 


County  clerk 
or  commis- 
sioner, lia- 
bility of,  for 
failure  to 
report. 


How  moneys 
collected  on 
account  of 
neglect, 
disposed  of. 


Liability  of 
township 
clerk  and 
supervisor 
in  regard  to 
district  taxes. 


GENERAL  SCHOOL  LAWS.  69 

Section   8   repealed   1913,    Act   402.      It   related    to   the   removal   of   district 
officers  by  the  township  board. 

(145)  §    5759.     SEC.  9.    No  school  officer,  superintendent,  f^Teacher 
or  teacher  of  schools,  shall  act  as  agent  for  any  author,  pub-  SSttcfactS? 
lisher,   or  seller  of  school  books,   or  shall  directly  or  indi- 

rectly  receive  any  gift  or  reward  for  his  influence  in  recom- 
mending the  purchase  or  use  of  any  Lbrary  or  school  book  or 
school  apparatus,  or  furniture  whatever,  nor  shall  any  school  School  officers 
officer  be  per    nally  interested  in  any  way  whatever  in  any  interested  in 
contract  with  the  district  in  winch  he  may  hold  office.    Any 
act  or  neglect  herein  prohibited,  performed  by  any  such  offi- 
cer,  superintendent,   or   teacher,   shall   be   deemed   a  misde- 
meanor. 

(146)  §  5760.     SEC.  10.     All  provisions  of  this  act  shall 
apply  and  be  in  force  in  every  school  district,  township,  city  appy 
and  village  in  this  state,  except  such  as  may  be  inconsistent 
with  the  direct  provisions  of  some  special  enactment  of  the 
legislature. 

Johnston   v.   Mitchell,    120  /  589 ;     Detroit    Bd.     of    Education     v.    Moross, 
151  /  625  ;  Burton  v.  Koch,  184  /  253. 


FREE  PUBLIC  LIBRARIES. 

An  Act  to  authorize  boards  of  education  to  provide  for  the  mainte- 
nance of  free  public  libraries  existing  under  the  control  of  boards 
of  education  of  the  cities;  to  authorize  and  empower  said  boards  of 
education  to  raise  or  borrow  money  and  issue  bonds  in  sufficient 
sum  to  purchase  property  or  site,  erect  and  maintain  buildings  for 
use  as  a  free  public  library  and  other  educational  purposes. 

[Act   261,  P.   A.    1913.] 

The  People  of  the  State  of  Michigan  enact: 

(147)  §  5836.     SECTION  1.     Boards  of  education  in  cities  Boards  of 
where  free  public  libraries  are  under  control  of  such  boards  of  authority  W, 
education  by  reason  of  existing  charters  or  otherwise,  from  etc- 

and  after  the  passage  of  this  act  are  hereby  authorized  and 
empowered  to  include  in  their  annual  estimate  a  sum  or  sums 
sufficient  to  properly  care  for  and  defray  the  expense  of 
maintenance  and  to  purchase  new  books  required  for  such 
libraries. 

(148)  §  5837.     SEC.  2.    Boards  of  education  in  cities  hav-  TO  issue 
ing  the  control  of  free  public  libraries  by  reason  of  existing 
charters  or  otherwise  are  hereby  authorized  and  empowered 

to  raise  money,  either  by  including  the  amount  in  their  an- 
nual estimates,  or  to  borrow  same  on  the  faith  and  credit  of 
said  school  district,  and  to  issue  certificates  or  bonds  to  se- 
cure the  payment  of  the  sums  borrowed ;  sufficient  to  purchase 


70 


STATE   OP   MICHIGAN. 


property  for  a  site  and  to  provide  the  money  necessary  to 
erect,  equip  and  maintain  buildings  for  a  free  public  library 

Proviso.  and  other  educational  uses:  Provided,  That  when  any  bond 
issue  shall  be  provided  for  under  the  terms  of  this  act  such 
bonds  shall  not  be  issued  for  a  period  of  more  than  ten  years. 

Referendum.  NO  bonds  provided  for  in  this  act  shall  be  issued  until  is- 
suance of  same  shall  have  been  submitted  to  the  electors  of 
the  district  affected  and  approved  by  a  majority  of  the  elec- 
tors voting  thereon. 

Sec.  3  repeals  all  contravening  acts. 


When 
bond  issue 
authorized. 


Proviso, 
vote  required. 


When 
submitted. 


Notice. 


An  Act  authorizing  organized  townships  and  incorporated  villages  in 
the  state  of  Michigan  to  borrow  money  and  to  issue  bonds  therefor 
for  the  purpose  of  establishing  free  public  libraries,  purchasing  sites 
and  constructing  buildings  thereon. 

[Act   5,    P.    A.    1917.] 

The  People  of  the  State  of  Michigan  enact: 

(149)  SECTION  1.     The  township  board  of  any  organized 
township    and    the    village  council,  or  board  of  trustees,  of 
any  incorporated  village  in  the  state  of  Michigan  are  hereby 
authorized  and  empowered,  upon  an  application  signed  by 
not  less  than  twenty-five  qualified  electors  of  such  township 
or  incorporated  village  being  first  filed  with  the  said  town- 
ship board,  village  council,  or  board  of  trustees,  as  the  case 
may  be,  to  borrow  a  sum  of  money,  not  exceeding  one  per 
cent  of  the  assessed  valuation  of  such  township,  or  incorporat- 
ed village,  on  the  faith  and  credit  of  such  township,  or  in- 
corporated village,  and  to  issue  the  bond,  or  bonds  of  such 
township,   or  incorporated   village,  therefor;   the  money   so 
borrowed  to  be  used  for  the  purpose  of  establishing  a  free 
public  library,  for  purchasing  a  site  for  the  same  or  con- 
structing buildings  thereon :    Provided,  That  a  majority  of 
the  voters  of  such  township,  or  incorporated  village,  voting 
thereon  at  a  township  meeting,  a  general  election,  or  at  a 
special  election  called  by  the  township  board,  or  at  a  gen- 
eral or  special  election  called  by  the  village  council,  or  board 
of  trustees,  for  that  purpose,  shall  vote  in  favor  thereof. 

(150)  SEC.  2.    The  question  of  issuing  the  bonds,  provided 
for  in  section  one  of  this  act,  shall  be  submitted  to  the  legal 
voters  of  such  township,  or  incorporated  village,  by  the  town- 
ship board,  the  village  council  or  board  of  trustees,  within 
thirty  days  after  the  filing  of  the  application  mentioned  in 
section  one,  giving  due  notice  thereof  by  causing  the  date, 
place  of  voting  and  object  of  said  election  to  be  stated  in 
written  or  printed  notices  to  be  posted  in  five  public  places 
in  such  township,  or  incorporated  village,  at  least  ten  days 
before  the  time  fixed  by  said  board  for  such  election,  and 
by  publishing  the  same  in  at  least  one  newspaper  published 


GENERAL  SCHOOL  LAWS.  71 

in  said  township,  or  incorporated  village,  or  if  none  be  pub- 
lished in  said  township,  or  incorporated  village,  then  in  some 
newspaper  published  in  the  same  county,  which  is  circulated 
in  such  township  or  incorporated  village,  at  least  two  weeks 
before  the  time  of  such  election.  Such  notice  shall  state  the  what  to  state, 
amount  of  money  proposed  to  be  raised  by  such  bonding,  and 
the  purpose  or  purposes  to  which  it  shall  be  applied. 

(151)  SEC.  3.     The  vote  upon  such  proposition  shall  be  Form  of 
by  printed  ballot,  and  such  ballots  shall  be  in  the  following 
form : 

"For  the  issuing  of  bonds  to  (Purpose)     Yes  [  ]." 

"For  the  issuing  of  bonds  to   (Purpose)     No  [  ]." 
The  election  shall  be  conducted  and    the    votes    canvassed 
in  all  respects,  as  in  other  township  or  village  .elections. 

(152)  SEC.  4.     If  at  such  election  a  majority   of  such 
qualified  electors  present  thereat  and  voting  upon  said  propo- 
sition shall  vote  in  favor  of  such  loan,  such  bonds  shall  be 
issued  by  the  township  board  of  the  township  or  the  vil- 
lage council  or  board  of  trustees  of  the  village,  as  the  case 
may  be,  in  denominations  not  exceeding  one  thousand  dol- 
lars each,  at  a  rate  of  interest  not  exceeding  five  per  centum 
per  annum,  and  for  a  period  not  exceeding  twenty-five  years, 
as  the  said  township  board,  or  the  said  common  council,  or 

board  of  trustees,  by  resolution,  shall  direct.     Said  bond,  How  signed, 
or  bonds,  issued  by  a  township  board,   shall  be  signed  by 
the  members  of  the  said  township  board  and  countersigned 
by  the  township  treasurer,   and  when   issued  by  a  village 
council  shall  be  signed  by  the  president  and  clerk  of  said 
village   and   countersigned   by  the  village  treasurer.      Said  HOW 
bond,   or  bonds,  shall  be  negotiated  by  and  under  the  di- D 
rection  of  said  township  board,  or  common  council,  or  board 
of  trustees  of  incorporated  village,  to  raise  in  each  year  by 
tax    upon    the    taxable   property    of    such  township,  or  in- 
corporated village^  such  sums  of  money  as  shall  be  sufficient 
to  pay  the  amount  of  said  bonds  and  the  interest  thereon, 
as  the  same  shall  become  due. 

(153)  SEC.  5.     No  bonds  issued  under  and  by  virtue  of 
this  act  shall  be  used  or  negotiated  at  less  than  their  par 
value. 

(154)  SEC.  6.    It  is  hereby  declared  that  this  act  is  imme- 
diately necessary  for  the  public  health,  peace  and  safety. 

This  act  is  ordered  to  take  immediate  effect. 


72 


STATE    OF   MICHIGAN. 


Supervisors 
may  es- 
tablish, etc. 


Library 
board,  who 
to  compose. 


Existing 
library. 


Fund  how 
paid. 


An  Act  to  authorize  the  creation  of  county  libraries  or  the  contracting 
by  the  board  of  supervisors  of  any  county,  libraries  for  their  free 
use  within  the  county. 

[Act   138,   P.   A.   1917.] 

The  People  of  the  State  of  Michigan  enact: 

(155)  SECTION  1.    The  board  of  supervisors  of  any  county 
shall  have  the  power  to  establish  a  public  library  free  for 
the  use  of  inhabitants  of  such  county  or  they  may  contract 
for  the  use  for  such  purposes  of  a  public  library  already  es- 
tablished within  the  county  or  with  the  body  having  control 
of  such  library  to  furnish  library  privileges  to  the  people  of 
the  county  under  such  terms  and  conditions  as  may  be  stated 
in  such  contract.     The  amount  agreed  to  be  paid  for  such 
privileges  under  such  contract  or  the  amount  which  the  board 
may  appropriate  for  the  purpose  of  establishing  and  main- 
taining a  public  library  shall  be  a  charge  upon  the  county 
and  the  board  may  annually  levy  a  tax  of  not  more  than 
one-half  mill  on  the  dollar  of  the  taxable  property  of  the 
county,  to  be  levied  and  collected  in  like  manner  as  other 
taxes  in  said  county  and  paid  to  the  county  treasurer  of  said 
county  and  to  be  known  as  the  library  fund. 

(156)  SEC.  2.    For  the  purpose  of  administering  the  coun- 
ty library  fund  in  case  a  county  library  is  established,  there 
shall  be  a  library   board  consisting  of   five  members, — the 
county  commissioner  of  schools  and  four  other  members  to 
be  appointed  by  the  board  of  supervisors,  the  commissioner 
to    hold    ex    officio    during    his    term    of    office,    the    other 
members  to  be  appointed  for  terms  of  four  years  each,  ex- 
cept that  the  first  members  shall  be  appointed  for  one,  two, 
three  and  four  years,  respectively. 

(157)  SEC.  3.     In  case  a  contract  shall  be  made  with  an 
existing  library,  the  county  library  fund  shall  be  administered 
by  the  board   or  body  having  charge  and   control   of  said 
existing  library  and  there  shall  be  an  advisory  board,  con- 
sisting   of    three    members, — the    county    superintendent    of 
schools   ex   officio   and   two  additional    members   to   be  ap- 
pointed by  the  board  of  supervisors  whose  terms  of  office 
shall  be  two  years  and  until  their  successors  are  appointed. 
The  duty  of  this  board  shall  be  to  advise  and  consult  with 
the  board  controlling  said  library  with  regard  to  selection 
of  books,  location  of  branch  libraries  and  other  subjects  re- 
lating to  the  proper  management  of  the  county  library  and 
its  fund. 

(158)  SEC.  4.    Said  fund  shall  be  paid  by  the  county  treas- 
urer upon  the  order  or  warrants  of  said  library  board  in  case 
of  the  establishing  of  a  county  library;  in  event  of  contract- 
ing with  an  existing  library,  it  shall  be  paid  upon  orders  is- 
sued by  the  bo£  d  or  body  controlling  such  library  through 
its  president  or  chairman  and  secretary. 


GENERAL  SCHOOL  LAWS.  73 


An  Act  to  provide  for  a  board  of  education  for  cities  having  a  popu- 
lation of  two  hundred  fifty  thousand  or  over  and  comprising  a 
single  school  district;  to  fix  their  terms  of  office,  and  the  manner 
of  the  nomination  and  election  of  the  members  thereof. 

[Act   251,  P.   A.   1913.] 

The  People  of  the  State  of  Michigan  enact: 

(159)  §  5867.    SECTION  1.    The  board  of  education  of  any  inspectors, 
city  having  a  population  of  two  hundred  fifty  thousand  or  whom  elected. 
over  which  comprises  a  single  school  district  shall  consist  of 

seven  school  inspectors  who  shall  be  elected  at  large  by  the 
electors  of  thj  whole  city  qualified  to  vote  for  school  inspect- 
ors in  such  municipality  at  the  next  spring  election  when 
judges  of  the  supreme  court  are  required  to  be  elected.  Two  Terms  of 
inspectors  shall  be  elected  to  serve  for  two  years ;  two  inspect-  Ol 
ors  shall  be  elected  to  serve  for  four  years,  and  three  inspect- 
ors shall  be  eilected  to  serve  for  six  years;  thereafter  at  the 
next  like  election  immediately  preceding  the  expiration  of 
their  respective  terms  of  office  their  successors  shall  be  elected 
to  serve  for  six  years.  The  terms  of  office  of  each  inspector 
shall  commence  on  the  first  day  of  July  following  his  or  her 
election.  The  names  of  all  candidates  who  have  been  duly 
nominated  as  herein  provided  shall  be  placed  upon  a  sepa- 
rate ballot  at  the  election  for  school  inspectors  and  without 
their  party  affiliations  designated.  The  candidate  or  candi- 
dates  for  the  positions  or  places  to  be  filled  having  the  great-  ballot, 
est  number  of  votes  shall  be  declared  elected. 

CONSTITUTIONALITY :  This  act  is  valid.  It  is  a  general  law  based  upon 
a  classification  of  the  school  districts  of  the  state,  according  to  population. 
Burton  v.  Koch,  184/255. 

(160)  §  5868.    SEC.  2.    The  nomination  and  election  of  in- 
spectors,  except  as  herein  provided,  shall  be  conducted  as 
near  as  may  be  as  now  provided  by  law  for  the  nomination 
and  election  of  the  city  officers  in  the  particular  municipality 
concerned,  and  all  women  who  are  legally  qualified  electors 
shall  be  permitted  to  vote  for  all  nominations  for  the  office 
of  school  inspector. 

Sec.  3  repeals  all  acts  in  contravention  with  this  act. 

(161)  §  5870.    SEC.  4.   The  provisions  of  this  act  shall  not  Referendum, 
take  effect  in  such  city  which  comprises  a  single  school  dis- 
trict until  approved  by  a  majority  of  the  electors  having  quali- 
fications  to  vote  at  elections   for  school  inspectors,  voting 
thereon,  in  such  city,  at  the  next  general  election  held  after 

the  government  census  shows  such  city  has  two  hundred  fifty 
thousand  inhabitants  or  more.  The  vote  upon  the  question 
shall  be  by  ballot  which  shall  be  in  substantially  the  follow- 
ing form : 


74 


STATE    OP   MICHIGAN. 


Form  of 
ballot. 


Canvass. 


Vote  on  proposition  to  adopt  the  act  providing  for  reduc- 
tion in  membership  of  the  board  of  education  and  their  elec- 
tion at  large. 

Make  a  cross  in  the  appropriate  square  below. 

Shall  the  act  providing  for  reduction  in  membership  of  the 
board  of  education  and  their  election  at  large  be  adopted. 
Yes.  [  ] ; 

Shall  the  act  providing  for  reduction  in  membership  of  the 
board  of  education  and  their  election  at  large  be  adopted. 
No.'  [  ]. 

Such  ballots  shall  be  furnished  by  the  city  board  of  elec- 
tion commissioners  and  shall  be  deposited  in  a  ballot  box 
provided  for  that  purpose  in  each  voting  precinct.  Such  bal- 
lots shall  be  cast,  canvassed  and  the  results  thereof  certified 
to  in  the  same  manner  as  are  ballots  cast  upon  the  question 
of  the  adoption  or  rejection  of  a  constitutional  amendment. 
If  a  majority  of  the  qualified  electors  of  the  city,  voting 
thereon  shall  vote  in  favor  of  the  adoption  of  this  act  then 
the  provisions  hereof  shall  be  in  full  force  and  effect  in  such 
city  and  not  otherwise. 

REFERENDUM  :     The  referendum   was   unnecessary   because  the  act  is  not 
local  in   character.     Burton    v.   Koch,   184/262. 


Certain  cities 
to  constitute 
single  school 
district. 


Property  of 
city  district. 


An  Act  to  provide  for  the  organization  of  school  districts  in  cities 
having  a  population  of  over  one  hundred  thousand  and  less  than 
two  hundred  fifty  thousand  inhabitants;  to  provide  for  a  board  of 
education  for  such  districts;  and  prescribing  the  powers  and  duties 
of  such  board. 

[Act  141,   P.   A.    1917.] 

The  People  of  the  State  of  Michigan  enact: 

(162)  SECTION  1.    Each  city  having  a  population  of  more 
than  one  hundred  thousand  and  less  then  [than]  two  hundred 
fifty  thousand  inhabitants,  shall  constitute  and  be  one  school 
district  and  be  known  as  the  "School  District  of  the  City  of 

— ."  If,  at  the  time  this  act  takes  effect  in  any 
city,  there  shall  be  in  existence  within  the  limits  of  the  city 
more  than  one  school  district  or  parts  of  more  than  one 
school  district,  then,  from  the  taking  effect  of  this  act  in 
that  city,  the  school .  districts,  or  parts  of  districts,  within 
the  limits  of  the  city  shall  constitute  and  be  the  "School 

District  of  the  City  of  — ,"  and  shall  be  under 

the  jurisdiction  of  the  board  of  education  herein  provided 
for. 

(163)  SEC.  2.    If  no  division  of  a  school  district  is  caused 
by  the  taking  effect  of  this  act  in  any  city,  all  school  proper- 
ty shall  vest  in  and  be  the  property  of  the  city  district,  and 
such  district  shall  be  liable  for  and  shall  pay  all  indebted- 
ness of  the  district  or  districts  formerly  existing  within  its 
limits. 


GENERAL  SCHOOL  LAWS.  75 

(164)  SEC.  3.    If  by  reason  of  the  taking  effect  of  this  act  when  school 
in  any  city,  a  school  district,  or  districts,  shall  be  divided,  divided. 
the  school  property  within  the  city   (except  cash  and  taxes 

levied  but  im collected)  shall  vest  in  and  be  the  property  of 
the  city  district.  The  cash,  taxes  levied  and  uncollected, 
and  district  indebtedness  shall  be  divided  between  the  former 
school  districts  and  the  city  district  in  proportion  as  the 
relative  values  of  the  taxable  property  left  without  and 
brought  within  the  city  district  by  this  act  bear  to  the  ag- 
gregated value  of  the  taxable  property  in  the  entire  districts 
affected,  before  the  division,  as  determined  by  the  last  pre- 
ceding assessment  roll.  Each  district  affected  hereby  shall 
be  liable  for  and  shall  pay  its  proportion  of  such  indebted- 
ness. 

(165)  SEC.  4.     If,  after  the  taking  effect  of  this  act  in  when  city 
any  city,  territory  shall  be  annexed  to  the  city  pursuant  to  territory. 
law,  such  territory,  by  such  annexation,   shall  become  and 

be  part  of  the  school  district  of  that  city.  If  by  such  an- 
nexation no  school  district  is  divided,  the  property  of  any 
school  district  so  annexed  shall  vest  in  and  be  the  property 
of  the  city  district,  and  the  city  district  shall  be  liable  for  and 
shall  pay  all  indebtedness  of  any  school  district  so  annexed. 
If  by  such  annexation  any  school  district  is  divided,  the 
property,  cash,  taxes  levied  and  uncollected,  and  indebted- 
ness of  the  divided  district  shall  vest  and  be  divided  as  is 
herein  in  similar  case  provided  in  section  three. 

(166)  SEC.  5.     This  act  shall  be  in  force  in  all  cities  hav-  when 
ing  the  requisite  population  according  to  the  United  States  ef 
census  of  nineteen  hundred  ten  at  the  date  of  the  taking 
effect  of  this  act,  and  shall  be  in  force  in  all  cities  thereafter 
attaining  the  requisite  population,  as  soon  as  the  governor 
(having  first  ascertained  by  United  States  census  or  by  of- 
ficial estimate  of  the  United  States  census  bureau  that  the 

city  has  the  requisite  population)  shall  so  proclaim.  The  J^JStion 
first  election  of  members  of  the  board  of  education  here-  election  of. 
under  shall  occur  at  the  first  city  charter  election  held  after 
the  taking  effect  of  this  act  in  any  city.  The  first  board 
shall  meet  and  organize  on  the  first  Monday  in  May  follow- 
ing such  election.  Until  such  first  Monday  in  May  the  laws 
theretofore  governing  the  schools  shall  continue  in  force 
and  shall  govern  the  administration  of  the  schools  of  such 
city.  The  term  of  office  of  all  school  trustees  elected  under 
laws  theretofore  governing  in  such  cities  shall  expire  upon 
the  organization  of  the  new  board,  their  election  for  a  longer 
term  to  the  contrary  notwithstanding. 

(167)  SEC.  6.     School  districts  in  cities  affected  by  this 
.act  shall  be  governed  in  all  respects  not  herein  specially  pro- 
vided for,  by  the  general  school  laws  of  the  state  from  time 
to  time  in  force. 

(168)  SEC.  7.    The  board  of  education  shall  consist  of  nine  Membership 
members  elected  from  the  city  at  large.    The  term  of  office  ° 


76 


STATE    OF   MICHIGAN. 


Proviso. 


Who  eligible. 


Ballot. 


shall  commence  on  the  first  Monday  of  May  in  each  year 
and  continue  until  a  successor  is  elected  and  qualified.  The 
first  board  at  its  first  meeting  shall,  by  lot,  determine  which 
three  of  its  members  shall  serve  one  year,  which  three  shall 
serve  two  years,  and  which  three  shall  serve  three  years, 
and  their  terms  shall  be  accordingly:  Provided,  That  the 
members  of  the  board  of  education  elected  prior  to  the  adop- 
tion of  this  act  shall  continue  in  office  until  the  expiration 
of  the  respective  terms  for  which  they  were  elected,  and 
with  the  new  members  elected  at  the  first  election  under  this 
act  shall  constitute  the  first  board  of  education  hereunder. 
At  the  time  of  each  annual  city  charter  election  thereafter, 
members  of  the  board  shall  be  chosen  to  fill  the  positions  of 
those  whose  terms  are  about  to  expire.  Three  years  shall 
be  the  term  of  each  member  chosen  after  the  first  election. 

(169)  SEC.  8.     Any  qualified  school  elector    of   the    city 
shall  be  eligible  to  be  chosen  as  a  board  member,  and,  if 
duly  registered  shall  be  qualified  to  vote  for  board  members 
at  such  election.      The  qualifications  of  school  electors  shall 

Nominations,  be  as  determined  by  general  law.  Nominations  for  board 
members  shall  be  by  petition  signed  by  not  less  than  one 
hundred  qualified  school  electors  of  the  city,  which  petition 
shall  be  filed  with  the  city  clerk  at  least  fifteen  days  before 
election.  No  petition  which  does  not  have  such  number  of 
such  signatures  shall  constitute  a  valid  nomination.  At  the 
same  time  and  in  the  same  general  manner  provided  with 
reference  to  city  charter  elections,  the  proper  officials  shall 
prepare  and  have  printed  an  official  ballot  on  which  shall 
be  placed  the  names  of  all  who  have  been  nominated  for 
members  of  said  board.  In  printing,  the  names  shall  first  be 
arranged  alphabetically  and  the  first  one  hundred  printed 
accordingly;  then  the  name  at  the  top  shall  be  put  at  the 
bottom  for  printing  the  second  one  hundred,  and  a  corres- 
ponding change  shall  be  made  in  each  succeeding  one  hun- 
dred printed.  The  election  shall  be  by  separate  bal- 
lot in  a  separate  box,  but  at  the  same  time  and 
place  as  the  city  charter  election,  and  shall  be  conducted  by 
the  same  inspectors,  canvassed,  reported,  considered  and 
treated  as  a  part  of  such  city  charter  election  in  all  partic- 
ulars not  otherwise  specified.  Voting,  or  attempting  to 
vote",  for  board  members  at  such  election  by  one  not  legally 
entitled  to  vote  therefor,  shall  constitute  the  same  offense 
and  shall  be  prosecuted  and  punished  in  the  same  manner  as 
casting,  or  attempting  to  cast,  any  illegal  vote  at  the  char- 
ter election. 

(170)  SEC.  9.     No  school  elector  not  registered  as  pro- 
vided herein  shall  be  entitled  or  permitted  to  vote  at  elec- 
tions for  board  members,  excepting  that  votes  may  be  sworn 
in  as  is  permitted  by  law  at  a  general  election.     The  same 
registration  required  or  provided  for  a  city    charter    elec- 
tion shall  be  sufficient  registration  for  school  elections,     In 


Election. 


Who  may 
vote. 


GENERAL    SCHOOL   LAWS.  77 

addition  thereto,  the  registration  boards  shall  be  provided 
with  separate  books  for  registration  of  school  electors  who 
are  not  general  electors.  Before  registering  any  name  there- 
in the  registration  board  shall  be  reasonably  satisfied  that 
the  applicant  for  registration  is  a  qualified  school  elector. 
Such  registration  shall,  in  all  respects  not  herein  specified, 
be  conducted  in  the  same  manner  as,  and  as  part  of,  the 
registration  required  or  provided  for  with  reference  to  city 
charter  elections. 

(171)  SEC.  10.     The  city  clerk,  within  the  time  specified  ^g^to 
for  serving  notices  upon  officials  elected  at  a  municipal  elec-  elected8 
tion,  shall  serve  notice  of  his  election  upon  each  member  of 

said  board  elected  at  said  election.  On  the  first  Monday  in 
May  in  each  year  the  board  shall  organize  for  the  ensuing 
year  by  electing  its  officers  herein  provided. 

(172)  SEC.  11.     If  any  person  elected  fails  to  take  oath  vacancy, 
of  office  within  ten  days  after  service  of  notice  of  his  elec-  how  fll 
tion,  or  if  any  member  during  his  term  shall    die,    become 
mentally  incompetent,  resign  or  lose  residence  in  the  district, 

a  vacancy  shall  thereby  exist,  which  shall  be  filled  by  elec- 
tion from  such  district  by  a  majority  of  the  remaining  mem- 
bers of  the  board  for  the  remainder  of  the  current  year,  and 
at  the  next  election  the  vacancy  shall  be  filled  by  an  elec- 
tion for  the  remainder  of  the  term  of  the  former  member.  If 
upon  specific  written  charges  filed  with  the  secretary  of  the 
board,  and  after  proper  opportunity  to  be  heard,  any  mem- 
ber of  the  board  is  by  vote  of  two-thirds  of  the  members 
thereof,  found  guilty  of  willful  acts  of  misfeasance  or  non- 
feasance  in  his  office,  he  may  be  removed  from  his  position 
by  such  two-thirds  vote,  whereupon  a  vacancy  shall  exist  and 
be  filled  as  above  provided. 

(173)  SEC.  12.     The  said  board  of  education  shall  be  a  Body 
body  corporate  under  the  name  and  style  of  "The  Board  of  corP°rate- 
Education  of  the  City  of   ,"  and  under 

that  name  may  sue  and  be  sued,  and  may  take,  hold,  sell 
and  convey  real  and  personal  property,  including  property 
received  by  gift,  devise  or  bequest,  as  the  interest  of  said 
schools  and  the  property  and  welfare  of  said  school  dis- 
trict may  require.  The  said  board  of  education  may  take 
and  hold  real  and  personal  property  for  the  use  of  the  pub- 
lic schools  within  and  without  its  corporate  limits  and  may 
sell  and  convey  the  same.  The  property  of  said  board  of 
education  shall  be  exempt  from  taxation  for  all  purposes 
except  for  special  improvements.  The  board  of  education 
chosen  pursuant  to  this  act  shall  be  the  successor  of  any 
school  corporation  or  corporations  existing  within  the  limits 
of  such  city  or  cities  and  shall  be  vested  with  the  title  to 
all  property,  real  and  personal,  vested  in  the  school  cor- 
porations of  which  it  is  the  successor.  Said  board  of  edu- 
cation shall  be  liable  to  pay  the  indebtedness  and  obliga- 
tions of  the  school  corporations  of  which  it  is  the  successor. 


78 


STATE    OP   MICHIGAN. 


May  pur- 
chase 
property,  etc. 


Officers. 


Treasurer's 
bond. 


Meetings. 


Fiscal  year. 


Estimate  of 
tax  necessary. 


in  the  manner  and  to  the  extent  provided  in  this  act.  Said 
board  of  education  shall  have  power'  to  purchase  all  prop- 
erty, erect  and  maintain  all  buildings,  purchase  all  per- 
sonal property,  employ  and  pay  all  persons,  and  do  all  other 
things  in  its  judgment  necessary  for  the  proper  establish- 
ment, maintenance,  management  and  carrying  on  of  the 
public  schools  of  the  city  and  for  the  protection  of  other 
property  of  the  district,  and  it  shall  have  authority  to  adopt 
by-laws,  rules  and  regulations  for  its  own  government  and 
for  the  control  and  management  of  all  schools,  school  prop- 
erty and  pupils.  It  shall  not  have  power  to  raise  money, 
borrow  money,  or  incur  indebtedness  except  in  the  manner 
herein  specified. 

(174)  SEC.  13.    The  officers  of  the  board  shall  be  a  presi- 
dent, vice-president,  secretary  and  treasurer.    The  city  treas- 
urer shall  be  ex  officio  treasurer  of  the  board.    The  president 
and  vice  president  shall  be  elected  annually  from  among  the 
members  of  the  board  by  a  majority  vote  thereof.    The  secre- 
tary shall  not  be  a  member  of    the   board.     The   president, 
vice  president  and  secretary   shall  perform  such  duties  as 
may  be  prescribed  by  the  by-laws,  rules  and  regulations  of 
the  board.    The  officers  of  the  board  who  in  the  discharge  of 
the  duties  of  their  respective  positions  handle  funds  belong- 
ing to  the  public  schools,  shall  be  required  to  give  bonds  for 
the  faithful  performance  of  their  duties,  in  such  manner  and 
form  as  may  be  prescribed  by  the  rules  and  by-laws  of  the 
board.     The  treasurer  shall  have  the  custody  of  all  moneys 
belonging  to  the  school  district  and  shall  pay  out  the  same 
only  upon  orders  as  in  this  act  specified.    The  city  attorney 
shall  be  the  legal  advisor  of  said  board  and  represent  it 
in  all  litigation.     The  board  shall  require  from    the    city 
treasurer  a  separate  bond  to  protect  the  separate  funds  of 
the  board.     Interest  upon  such  separate  funds  shall  be  the 
property  of  the  board. 

(175)  SEC.  14.     Regular  meetings  of  the  board  shall  be 
held  at  least  once  in  each  month,  at  such  time  and  place  as 
may  be  fixed  by  the  by-laws.    Special  meetings  may  be  called 
and  held  in  such  manner  and  for  such  purposes  as  may  be 
specified  in  the  by-laws. 

(176)  SEC.  15.    The  fiscal  and  accounting  year  shall  com- 
mence with  the  first  day  of  July  in  each  year. 

(177)  SEC.  16.    The  board  shall  annually  on  or  before  the 
first  Tuesday  in  April  in  each  year,  make  an  estimate  of  the 
amount  of  taxes  deemed  necessary  for  the  ensuing  year  for 
all  purposes  within  the  power  of  said  board,  which  estimate 
shall  specify  the  amounts  required  for  the  different  objects. 
The  board  shall  transmit  such  estimates    to    the    common 
council,  city  commission  or  other  legislative  body  of  the  city 
on  or  before  the  second  Monday  in  May  of  each  year  for  rati- 
fication, amendment  or  rejection.    If  for  any  reason  the  com- 
mon council,  city  commission  or  other  legislative    body    of 


GENERAL  SCHOOL  LAWS.  79 

said  city  shall  fail  to  pass  on  said  estimate  and  finally  adopt 
the  same  after  such  amendment,  increase  or  decrease  as  it 
determines,  before  the  second  Monday  in  May  in  each  year, 
then  the  estimate  made  by  such  board  shall  stand  as  ap- 
proved and  be  considered  as  approved  and  ratified  by  such 
legislative  body  and  reported  accordingly,  and  the  amount 
therein  named,  levied  and  collected  accordingly.  On  or  be-  when  report 
fore  the  third  Monday  in  May  the  secretary  of  the  board  ° ' m 
shall  make  to  the  assessing  officers  of  said  city,  a  written  re- 
port of  the  amount  of  taxes  so  deemed  necessary  and  ap- 
proved or  standing  approved  by  said  legislative  body,  and 
the  assessing  officers  shall  apportion  said  amount,  and  the 
same  shall  be  levied,  assessed,  collected  and  returned  the 
same  as  other  city  taxes.  No  greater  sum  than  five  mills  Limit. 
on  the  dollar  shall  be  levied  for  general  school  purposes  in 
any  one  year.  For  purchasing  school  lots,  erecting  school 
houses  and  equipping  the  same,  and  paying  school  bonds,  no 
greater  sum  than  five  mills  on  the  dollar  in  addition  to  the 
tax  for  general  school  purposes  shall  be  levied  in  any  one 
year. 

(178)  SEC.  17.    The  board  may  from  time  to  time,  on  such  Amount,  etc., 
terms  as  it  may  deem  proper,  borrow  for  temporary  school  may 
purposes,  not  to  exceed  fifty    thousand    dollars    total    out- 
standing unpaid  at  any  one  time,  and  may  give  the  note  or 

bonds  of  the  board  therefor,  which  shall  be  paid  from  the 
first  school  moneys  collected  thereafter.  For  the  purpose  of 
purchasing  sites,  erecting  buildings,  or  both,  and  for  equip- 
ping buildings,  the  board  may  borrow  such  sums  of  money 
as  it  may  deem  necessary  and  may  issue  and  sell  its  bonds 
therefor,  upon  such  rate  of  interest  and  for  such  time,  and 
in  such  amounts,  as  it  may  think  proper,  and  in  such  form 
and  with  bonds  and  coupons  signed  and  countersigned  in 
such  manner  as  it  may  by  resolution  direct,  but  the  action 
of  the  board  authorizing  such  loan  shall  first  be  submitted 
to  the  common  council,  city  commission  or  other  legislative 
body  of  the  city  for  approval,  and  no  such  issue  of  bonds 
shall  be  valid  unless  the  proposal  to  issue  the  same  shall 
have  been  approved  by  a  majority  vote  of  the  members  elect 
of  the  common  council,  city  commission  or  other  legislative 
body :  Provided,  however,  That  such  bonds  shall  be  valid  Proviso, 
without  the  approval  of  the  common  council,  city  commis- 
sion or  other  legislative  body,  if  approved  by  a  majority  vote 
of  the  school  electors  of  said  city  voting  thereon  at  any 
election  at  which  the  question  of  approving  such  an  issue  of 
school  bonds  shall  be  submitted  to  them  by  the  said  board 
or  by  the  said  common  council,  city  commission  or  other 
legislative  body.  No  bonds  shall  be  sold  for  less  than  par,  Bonds,  sale  of. 
nor  bear  more  than  five  per  cent  interest,  nor  run  for  more 
than  twenty  years. 

(179)  SEC.   18.     All  demands    and    claims    against    the  Claims, 
board  shall  be  allowed  under  such  rules  and  regulations  as  aUowanc( 


80  STATE    OP   MICHIGAN. 


it  may  establish,  and  shall  thereupon  be  certified  to  the  city 
comptroller  or  other  auditing  department  of  the  city  for 
payment.  Payment  of  the  same  shall  be  made  by  the  city 
treasurer  out  of  the  funds  of  the  board  in  the  same  manner 
as  near  as  may  be  as  claims  against  the  city  are  paid  out 
of  the  general  city  treasury. 

superinten-  (180)  SEC.  19.  The  board  shall  have  power  to  elect  for 
schools!  etc.  such  term  not  exceeding  three  years  as  it  may  determine,  a 
superintendent  of  schools  and  a  business  manager,  neither 
of  whom  shall  be  members  of  said  board,  and  to  fix  their 
salaries  and  remove  either  of  them,  notwithstanding  their 
term  of  office  has  not  expired,  upon  the  concurrent  vote  of 
two-thirds  of  all  the  members  of  said  board.  It  may  dele- 
gate to  such  superintendent  the  executive  management  and 
control  of  the  educational  department  and  to  the  business 
manager  the  management  and  control  of  purchases,  con- 
tracts, and  all  other  business  matters  insofar  and  to  such 
extent  as  it  may  from  time  to  time  determine. 

Proceedings,         (181)     SEC.  20.    All  proceedings  and  official  actions  of  the 
listed"1  board  shall  be  printed  and  published  immediately  after  such 

meeting,  in  such  manner  as  the  board  shall  decide.  It  shall 
cause  to  be  made  at  the  end  of  each  fiscal  year  and  to  be 
.published  a  complete  report  of  its  receipts  and  expenditures 
and  general  school  statistics. 

School  census.  (182)  SEC.  21.  The  board  shall  provide  for  taking  the 
school  census  required  by  law.  It  shall  receive  the  funds 
devoted  by  law  to  the  maintenance  of  the  district  or  school 
libraries  and  shall  devote  the  same  to  that  purpose,  and  may 
delegate  the  expenditure  of  such  library  funds  to  such  .exec- 
utive body  as  may  be  constituted  by  law  for  the  manage- 
ment of  the  public  or  school  libraries  within  the  city.  No 
member  of  the  board  shall  receive  any  compensation  what- 
ever for  services  as  members  nor  for  any  service  rendered  to 
the  board.  Every  action  of  the  board  involving  the  incur- 
ring of  pecuniary  liabilities  or  expenditure  of  money  shall 
be  by  vea  and  nay  vote  entered  at  large  upon  its  record. 
ve^oSS'by  (183*)  SEC-  22-  Within  twenty-four  hours  after  its  pas- 

president,  sage,  the  president  or  acting  president  of  the  board  may 
veto  any  action  thereof  by  filing  in  the  office  of  the  secre- 
tary of  the  board  his  reasons  therefor,  in  writing,  and  the 
same  thereupon  shall  not  go  into  effect  or  have  any  legal 
operation  until  after  it  shall  be  repassed  at  a  subsequent 
meeting  of  the  board  by  a  vote  of  two-thirds  of  all  the  mem- 
bers thereof.  No  action  of  the  board  shall  go  into  opera- 
tion until  the  expiration  of  twenty-four  hours  after  its  pas- 
sage unless  the  president  or  acting  president  shall  sooner 
file  with  the  secretary  his  written  approval  thereof. 
Acts  repealed.  (184)  SEC<  23.  All  acts  and  parts  of  acts,  general  or 
special,  in  any  wise  contravening  provisions  of  this  act  shall 
be  and  are  from  and  after  the  time  this  act  goes  into  effect 
in  any  city,  repealed,  as  far  as  that  city  is  concerned. 


GENERAL    SCHOOL    LAWS.  81 


An  Act  in  relation  to  the  division  of  or  changing  of  boundaries  of 
primary  school  districts. 

[Act  61,  P.  A.  1911.] 
The  People  of  the  State  of  Michigan  enact: 

(185)  §  57G5.  SECTION  1.  Hereafter  the  township  board 
of  any  township  may  divide  or  change  the  boundaries  of  any 
primary  school  district  regardless  of  whether  such  school 
district  was  formed  or  created  under  the  general  school  law, 
or  under  any  local  act  or  special  law  in  accordance  with  the 
same  rules  and  in  such  manner  as  is  prescribed  for  the 
formation  and  alteration  of  school  districts.  In  those  in- 
stances in  which  the  school  district  lies  in  more  than  one 
township,  such  action  shall  be  taken  at  a  joint  meeting  of 
the  boards  of  the  various  townships  interested. 

Am.   1913,    Act  45. 

(1SG)     §  5TG6.    SEC.  2.     Hereafter  the  township  board  of  Consolidating 
any  township  may  consolidate  school  districts  regardless  of  districts. 
whether  such  school  districts  were  formed  or  created  under 
the  general  school  law  or  created  under  any  local  or  special 
law  in  accordance  with  the  same  rules  and  in  such  manner 
as  is  prescribed  for  the  formation  and  alteration  of  school 
districts.     In  those  instances  in  which  the  school  districts 
lie  in  more  than  one  township,  such  action  shall  be  taken 
at  a  joint  meeting  of  the  boards  of  the  various  townships 
interested:    Provided,    That  two  or  more  districts  shall  not  Proviso, 
l>e   consolidated,   unless   such   consolidation   is   approved   by r€ 
.1  majority  vote  of  the  electors  voting  at  an  annual  meeting, 
01  a  special  meeting  in  each  district  affected. 

Added  1913,  Act  45;  Am.  1917,  Act  136. 


CONSOLIDATION  OF  SCHOOL  DISTRICTS  IN   ANNEXED 
TERRITORY. 

An  Act  to  provide  for  the  consolidation  of  school  districts  in  terri- 
tory annexed  to  cities  with  school  districts  of  such  cities. 

[Act  18,  P.  A.  1917.] 
The  People  of  the  State  of  Michigan  enact: 

(187)      SECTION  1.     Where  territory  is  annexed  to  a  city,  Districts, 
organized  school  districts  partly  or  wholly  within  such  ter-  wne 
ritory  shall  be  united  with  the  school  districts  of  such  city 
whenever  the  governing  bodies  of  any  such  district  and  of 
the  city  school  district,  by  resolution,  agree  upon  such  union. 
The  governing  body  of  either  the  city  district  or  annexed  Resolution, 
district  may  propose  such  union  by  resolution  setting  forth    . 
11 


82 


STATE    OP   MICHIGAN. 


Resolution, 
what  to 
contain. 


the  terms  thereof,  which  resolution  shall  be  transmitted  to 
Ten  per  cent  the  other  body,  and  shall  be  acted  upon  by  it.  Either  body 
shall  propose  such  union  when  requested  by  petition  of  ten 
per  cent  of  the  voters  of  its  district.  A  quorum  may  act  in 
each  case,  and  a  majority  of  the  body  may  pass  such  resolu- 
tion. When  such  resolution  shall  have  passed  both  bodies, 
a  copy  thereof  shall  be  certified  to  by  the  secretary  of  each, 
shall  be  recorded  in  the  register  of  deeds'  office,  and  shall, 
when  so  recorded,  pass  the  legal  title  of  the  real  and  per- 
sonal property  of  the  district  in  the  annexed  territory  to  the 
district  of  the  city  to  which  the  same  was  annexed,  and  shall 
be  sufficient  evidence  of  such  union. 

(188)  SEC.  2.     The  resolution  shall  set  up  the  names  of 
the  respective  school  districts;   shall  accurately  define   the 
boundaries   of   the   district   which   it   is   proposed   to   unite 
to  the  city  district;  shall  recite  the  real  property  owned  by 
said  district  according  to  its  legal  description  and  the  per- 
sonal  property   with   reasonable  particularity,   sufficient   to 
enable  it  to  be  accurately  identified;  shall  recite  the  bonded 
indebtedness  of  said  district;  shall  specify  whether  a  part 
or  all  of   said   district  has   been   annexed   to   said   city,   or 
whether  all  or  an  accurately  bounded  part  of  said  district 
is  to  be  united  with  the  city  district;  shall  set  up  that  the 
district  passing  such  resolution  proposing  the  union  of  the 
districts  named;  and  shall  provide  that  upon  the  adoption 
of  the  resolution  by  the  governing  bodies  of  both  districts 
and  the  recording  of  such  resolution  as  provided  in  section 
one,  said  city  school  district  shall  acquire  the  property  of 
the  district  annexed  and  the  latter  shall  become  a  part  of 
the  former  and  subject  to  the  laws  governing  it. 

(189)  SEC.  3.     In  like  manner,  when  a  part  only  of  a 
district  is  within  annexed  territory  provision  may  be  made 
for  the  union  of  the  part  annexed  only,  with  the  city  district 
by  similar  agreement. 

(190)  SEC.  4.    In  either  case,  if  the  governing  body  of  the 
city  district  passes  such  resolution,  and  that  of  the  district 
partly  or  wholly  annexed  does  not,  the  question  of  such  union 
shall  be  submitted,  by  the  board  of  the  latter  district,  to  the 
voters  in  the  territory  proposed  to  be  added  to  the  city  dis- 
trict (within  thirty  days  after  the  resolution  is  received  from 
the  city  district),  at  a  regular  election,  or  a  special  election, 
called  for  the  purpose.     If  a  majority  of  those  voting  favor 
such  union,  then  it  shall  become  effective  upon  the  recording 
of  said  resolution  and  a  certified  copy  of  the  notice  of  such 
election  and  of  the  canvass  of  the  vote  cast  on  said  question. 

(191)  SEC.  5.     When  the  union  herein  provided  for  has 
been  perfected,  the  officers  of  the  district  joined  to  the  city 
district  shall  as  soon  as  may  be  account  to  the  city  district 
for  the  funds  and  property  in  their  hands  as  such  officers, 
and  shall  turn  over  same  to  said  city  district.     Upon  the 
receipt  by  the  latter  of  such  funds  and  property,  such  of- 


Union  of 
part  only. 


Referendum. 


Funds  and 
property. 


GENERAL    SCHOOL    LAWS.  83 

fleers  shall  be  released  of  liability  therefor,  their  official 
bonds  shall  be  deemed  cancelled,  and  their  offices  terminate. 
Where  only  a  fraction  of  a  district  is  united,  such  account- 
ing shall  be  pro  rata  in  the  proportion  of  the  population 
united  to  the  whole  population  of  the  district;  such  officers 
shall  be  discharged  of  liability  for  the  property  accounted 
for;  but  shall  continue  as  officers  of  the  balance  of  the  dis- 
trict. 

(192)  SEC.  6.  When  such  union  is  perfected,  the  city  dis- 
trict  shall  assume  outstanding  indebtedness  of  the  district 
annexed,  or  the  proper  pro  rata  share  thereof,  and  shall  as- 
sume and  perform  all  legally  binding  contracts  of  such  dis- 
trict, so  far  as  the  same  apply  to  the  part  of  said  district 
united  to  such  city  district.  Until  such  union  is  perfected, 
all  bonds  outstanding,  and  all  valid  unperformed  contracts, 
and  all  other  liabilities,  of  such  districts  in  annexed  terri- 
tory shall  be  and  continue  valid  and  enforceable  obligations 
thereof,  and  said  districts  shall  continue  to  exercise  their 
powers  as  such. 


An  Act  relative  to   dividing  city  school  districts  into   election  pre- 
cincts, and  to  provide  the  manner  of  holding  elections  therein. 

[Act   385,   P.   A.    1913.] 

The  People  of  the  State  of  Michigan  enact: 

(193)  §  5850.     SECTION  1.     In  any  city    school    district, 
the  board  of  education  thereof  may  divide  said  district  into  o. 
two   or  more  election  precincts:     Provided,   That   such   di-  Proviso, 
vision  be  made  at  least  twenty  days  previous  to  the  first  n< 
annual  meeting  or  election  held  thereafter,  and  a  diagram 

of  the  boundaries  of  each  precinct  be  posted  therein,  in  not 
less  than  three  of  the  most  public  places  in  each  precinct, 
with  a  plain  description  and  the  number  of  the  same,  not 
less  than  fifteen  days  previous  to  such  meeting  or  election, 
and  by  publishing  said  notice  in  a  newspaper,  if  one  is  pub- 
lished and  circulated  in  said  district,  for  at  least  three 
weeks  previous  to  such  meeting  or  election. 

(194)  §  5851.     SEC.  2.     The  board  of  education  of  any 


district  so  divided  shall,  not  less  than  ten  days  prior  to  any  etc,appoi'nt- 
meeting  or  election,  appoint  the  members  of  the  boards  of  ment  of- 
registration,  and  the  inspectors  of  election  and  other  neces- 
sary election  officers  for  each  precinct  of  the  district,  and 
the  secretary  of  the  board  shall  notify  each  person  so  ap- 
pointed thereof.     No  person  shall  serve  on  such  boards,  un- 
less he  is  an  elector  and  resides  in  the  precinct  for  which  he 
is  appointed. 

(195)     §  5852.    SEC.  3.    In  case  any  of  the  persons  so  ap-  vacancies, 
pointed  to  serve  on  such  boards  of  registration  and  election    ' 
decline  to  act,  or  neglect  to  appear  at  the  time  and  place 


STATE    OP   MICHIGAN. 


Board  of 
election  in- 
spectors, 
duty  of. 


designated,  the  members  of  the  board  present  or  the  electors 
at  the  polls,  may  fill  any  vacancy  or  vacancies  existing.  . 
Registration,  (196)  §  5853.  SEC.  4.  After  a  district  has  been  divided 
into  election  precincts  under  the  provisions  of  this  act,  the 
board  of  education  shall  order  a  new  registration  of  the 
qualified  electors  to  be  made  in  each  precinct  the  Saturday 
preceding  any  meeting  of  the  district  at  which  an  election 
is  to  take  place,  and  it  shall  be  the  duty  of  the  board  of  edu- 
cation to  order  a  new  registration  in  each  precinct  every  four 
years  from  and  after  the  first  annual  meeting  or  election 
held  in  any  district  after  it  has  been  divided  into  precincts 
under  the  provisions  of  this  act. 

(197)  §  5854.    SEC.  5.    After  the  votes  have  been  counted 
in  a  precinct  at  any  election,  the  board  of  election  inspectors 
shall  make  out  a  correct  and  true  statement  thereof,  in  dupli- 
cate, and  certify  to  the  same.    One  copy  thereof  shall  be  de- 
posited in  the  ballot  box  and  the  other  shall  be  delivered  to 
the  chairman  of  the  board  of  election  inspectors  of  the  pre- 
cinct, and  it  shall  be  the  duty  of  said  chairman  to  file  the 
said  statement  with  the  secretary  of  the  board  of  education 
within  twenty-four  hours  after  so  receiving  the  said  state- 
ment. 

(198)  §  5855.    SEC.  6.    The  board  of  education  of  the  dis- 
trict shall  meet  at  it   [its]   usual  place  of  meeting  on  the 
Wednesday  succeeding  an  election  at  ten  o'clock  in  the  fore- 
noon, and  shall,  without  adjourning,    canvass    the    returns 
from  the  several  precincts  of  the  district  and  declare  the 
result  of  the  election.     Said  canvass  shall  be  open  to  the 
public.     The  secretary  shall  enter  the  proceedings  of  such 
canvass  upon  the  records  of  the  district. 

(199)  §  5856.     SEC.  7.     Except  as  provided  in  this  act, 
the  manner  of  conducting  elections  shall  be  the  same  as  pro- 
vided in  the  general  school  laws  of  the  state  and  any  local 
act  in  force  in  such  district. 

(200)  §  5857.     SEC.  8.     This  act  shall  not  apply  to  any 
city  school  district  now  authorized  by  law  to  divide  such 
district  into  election  precincts  or  districts. 

(201)  §  5758.     SEC.  9.   This  act  shall  apply  only  to  cities 
of  under  twenty-five  thousand  inhabitants. 

Sec.  10  declares  this  act  immediately  necessary  for  the  preservation  of  the 
public   peace   and    safety. 


Elections, 
how  held. 


Application 
of  act. 


Idem. 


Board  may 

subdivide 

district. 


An  Act  relative  to  dividing  city  school  districts  into  election  pre- 
cincts, to  provide  for  the  registration  of  voters  and  for  the  holding 
of  elections  therein. 

[Act  275,   P.   A.    1915.] 

The  People  of  the  State  of  Michigan  enact: 

(202)  §  5841.  SECTION  1.  The  board  of  education  of  any 
school  district  composed  in  whole  or  in  part  of  territory 
situated  in  any  city  in  this  state  may  divide  said  district  in- 


GENERAL  SCHOOL  LAWS.  85 

to  such  number  of  voting  precincts  as  shall  be  necessary,  and 
shall  provide  for  the  registration  of  voters,  and  for  elections 
therein  suitable  ballot  boxes,  poll  lists  and  other  supplies  or 
equipment  as  may  be  necessary  or  proper.  Such  division 
shall  be  made  at  least  sixty  days  previous  to  the  first  elec- 
tion after  this  act  becomes  operative  in  any  district. 

(203)  §  5842.     SEC.  2.     A  registration    of    the    qualified  Registration. 
electors  in  each  district  shall  be  made  in  each   voting   pre- 
cinct, and  the  name,  sex  and  address  of  each  person  regis- 
tering,  and  whether  the  owner    of    property    assessed    for 

school  taxes  or  a  parent  or  legal  guardian  of  children  of 
school  age.  Such  registration  shall  in  all  respects  not  herein 
specified  be  conducted  in  the  same  manner  as  the  registra- 
tion required  or  provided  for  with  reference  to  general  elec- 
tions, and  all  laws  of  the  state  for  preserving  the  purity  of 
elections  and  for  preventing  fraud  and  corruption  shall  gov- 
ern all  elections  and  registrations  under  this  act  so  far  as 
the  same  are  applicable.  No  unregistered  person  shall  be 
allowed  to  vote  at  any  school  election  unless  such  person 
has  qualified  under  oath  under  the  provisions  of  law  regu- 
lating elections  in  cities.  The  first  registration  of  voters  when  made 
shall  be  made  in  each  voting  precinct  in  said  district  on  the 
last  Saturday  previous  to  the  date  of  the  annual  school 
election  as  fixed  by  law,  or  of  any  special,  election  that  may 
be  ordered  or  provided  by  law,  and  subsequent  registrations 
shall  be  made  on  the  last  Saturday  preceding  any  election 
in  such  district  and  whenever  the  board  of  education  may 
provide  for  a  general  registration  therein.  Boards  of  regis- 
tration  shall  be  in  session  in  the  several  voting  precincts  con- 
tinuously  between  the  hours  of  three  o'clock  and  eight 
o'clock  in  the  afternoon  on  registration  days. 

(204)  §  5843.     SEC.  3.     The  board  of  education  in  each  ^srtdra°tfion 
district  so  divided  shall  appoint  three  qualified  electors  in  etc!3 
each  voting  precinct  to  compose  a  board  of  registration  and 

a  board  of  election  inspectors.     Such  appointment  shall  be 
made  at  least  ten  days  prior  to  the  time  required  for  regis- 
tration and  election  as  the  case  may  be.     The  same  electors 
may  be  appointed  members  of  both  boards.     Each  member  Oath  of  office. 
shall  take  the  constitutional  oath  of  office  and  shall  be  en- 
titled to  administer  oaths  to  any  person  in  connection  with 
the  registration  or  election.     In  case  of  inability  or  refusal  vacancy, 
to  act,  the  board  of  education  may  fill  the  vacancy,  and  in 
case  the  members  shall  not  all  be  present  at  the  time  of  the 
opening  of  the  registration  or  of  the  polls,  the  qualified  elect- 
ors present  may  fill  the  vacancy.    The  inspectors  of  election  Jfe!j0rtIeg 
shall,  immediately  after   canvassing   the  votes,   make  their 
return  thereof  and  deliver  the  same  to  the  secretary  of  the 
board  of  education. 

(205)  §  5844.     SEC.  4.     Notice  of  the  time  and  place  of 
holding  any  registration  or  election  shall  be  given  by  the 
secretary  of  the  board  of  education,  by  posting  notice  there- 


STATE    OP    MICHIGAN. 


Canvass. 


Certificates 
of  determina- 
tion. 


of  in  three  public  places  in  each  voting  precinct  in  which 
the  registration  or  election  is  to  be  held,  at  least  ten  days 
before  the  registration  or  election,  and  by  publication  in  one 
or  more  of  the  city  papers,  if  any,  in  the  district,  at  least 
six  times  within  ten  days  next  preceding  the  election.  If 
no  daily  paper  is.  published  in  the  district,  the  notice  shall 
be  published  at  least  once  in  a  weekly  newspaper  published 
therein.  The  notice  of  election  shall  contain  the  names  of 
all  candidates  for  each  office  to  be  voted  on,  and  the  sub- 
stance of  all  special  matters,  if  any,  to  be  submitted  there- 
at. 

(206)  §  5845.     SEC.  5.    The  board  of  education  shall  con- 
vene on  Thursday  next  succeeding  any  election  at  the  usual 
hour  and  place  of  meeting,  and  canvass  the    returns,    and 
from  the  statements   filed   with   the   secretary,   shall  deter- 
mine the  result  of  the  election  upon  each  question  and  propo- 
sition voted  upon,  and  what  persons  were  duly  elected  at 
said  election.     The  secretary  shall    make    triplicate    certifi- 
cates of  such  determination  under  the  corporate  seal  of  the 
district,  showing  the  result  of  the  election  upon  each  ques- 
tion or  proposition,  and  what  persons  were  declared  elected 
to  the  several  offices  respectively,  one  of  which  he  shall  file 
in  the  office  of  the  county  clerk  of  the  county,  one  in  the 
office  of  the  city  clerk  of  the  city  in  which  such  district  is 
situated,  and  the  other  shall  be  filed  in  his  own  office.    The 
person  receiving  the  greatest  number  of  votes,  as  shown  by 
said  statements,  shall  be  deemed  to  have  been  duly  elected, 
but  if  there  shall  be  no  choice  by  reason  of  two    or    more 
candidates  having  received  an  equal  number  of  votes,    the 
board  of  education  shall  at  the  time  of  canvassing  the  votes, 
determine  by  lot  between  said  persons  which  one  shall  be 
elected  to  said  office.     It  shall  be  the  duty  of  the  secretary 
of  the  board,  within  five  days  after  the  determination,  to 
notify  in  writing  each  person  elected  of  his  election,  and  he 
shall  file  a  written  acceptance  of  such  election,  together  with 
the  constitutional  oath  of  office  within  ten  days    after    re- 
ceiving such  notice,  or  the  office  will  be  deemed  vacant. 

(207)  §  5846.     SEC.  6.     Candidates  for  members  of  the 
board  of  education  shall  be  nominated    by    petition,    which 
shall  be  filed  with  the  secretary  of  the  board  of  education 
not  less  than  ten  days  nor  more  than  fifteen  days  prior  to 
the  date  of  election.     Each  petition  shall  be  signed  by  not 
less  than  twenty-five  qualified  registered  school  electors  of 
the  district.     No  elector  shall  sign  the  petition    for    more 
candidates  than  are  to  be  elected.     Said  petition  shall  be 
substantially  in  the  following  form: 

"We,  the  undersigned  qualified  school  electors  of  the  (name 

of  district)  do  hereby  nominate of 

street,  of  said  district,  as  a  member  of  the  board  of  educa- 
tion of  said  district." 

Upon  the  filing  of  such  petitions  the  secretary  of  the  board 


Who  deemed 
elected. 


Tie  vote. 


Notification. 


Oath  of  office. 


Nomination 
by  petition. 


Form. 


Publication 
of  names.  • 


GENERAL  SCHOOL  LAWS.  87 

shall  place  the  same  in  the  public  files  of  his  office,  and  for 
at  least  five  days  immediately  preceding  said  election,  shall 
publish  the  names  proposed  in  a  daily  newspaper  of  the  dis- 
trict, and  if  there  is  no  daily  newspaper  in  the  district,  the 
names  shall  be  published  in  all  the  weekly  newspapers  of 
the  district  for  at  least  one  edition  during  the  week  pre- 
ceding the  election,  and  if  there  shall  be  no  paper  published 
in  the  district,  he  shall  post  printed  lists  of  such  names  in 
three  of  the  most  public  places  in  each  school  voting  precinct 
in  said  district  one  week  before  the  election.  The  secretary  official  ballot, 
of  the  board  of  education  shall  prepare  and  have  printed 
an  official  ballot,  which  shall  be  in  substantially  the  same 
form  as  provided  in  the  general  election  law,  on  which  shall 
be  placed  the  names  of  all  who  have,  been  duly  named  for 
members  of  said  board.  In  the  printing  of  such  ballots  the 
provisions  of  the  general  law  of  the  state  for  transposing 
and  alternating  the  names  of  candidates  shall  apply:  Pro-  Proviso, 
vided,  That  no  party  emblem  or  designation  shall  be  placed  erSS. 
upon  school  election  ballots. 

(208)  §  5847.     SEC.  7.     Except  as  provided  in  this  act,  Conduct of 
the  manner  of  conducting  elections  shall  be  the  same  as  pro-  e 
vided  in  the  general  school  laws  of  this  state  and  any  local 

act  in  force  in  such  district. 

(209)  §  5848.     SEC.  8.    This  act  shall  not  be  in  force  or  Referendum, 
take  effect  in  any  district  until  a  majority  of  the  voters  vot- 
ing on  such  proposition  shall  vote  in  favor  of    the    same. 

Such  proposition  may  be  submitted  to  the  voters  of  any 
school  district  at  such  time  or  times  as  the  board  of  educa- 
tion of  such  district  shall  determine,  and  when  submitted, 
the  ballot  for  voting  thereon  shall  be  in  substantially  the 
following  form: 

"Shall  this  school  district  be  divided  into  voting  precincts  Ballot, 
and  registration  of  voters  made  and  elections  hereafter  held 
in  such  several  voting  precincts? 

Yes  [  ] 

No  [  ]" 

(210)  §  5849.     SEC.  9.    If  any  election  district  has  elect- 
ed  to  come  under  the  provisions  of  this  act,  such  district 
may  at  any  time  after  two  years,  upon  a  petition  signed  by 
ten  per  cent  of  the  qualified  electors  in  said  district,  re-sub- 
mit the  question  of  the  continuance  or  discontinuance  of 
this  act  within  such  district.     The  form  of  the  proposition 
for  the  re-submission  of  the  question  shall  be  drafted  by  the 
board  of  education  when  submitted  at  any  succeeding  special 
or  general  election. 


STATE    OP    MICHIGAN. 


MISCELLANEOUS  PROVISIONS  RELATIVE    TO    EDU- 
CATION AND   THE   SCHOOLS. 

TEXT  BOOKS. 

An  Act  to  regulate  the  uniformity  of,  and  to  provide  free  school  text- 
books in,  public  schools  throughout  the  state,  and  the  distribution 
of  the  same,  and  to  repeal  all  statutes  and  acts  contravening  the 
provisions  of  this  act. 

[Act   147,  P.   A.   1889.] 


When  board 
to  purchase 
text-books. 


Proviso. 


Further 
proviso. 


Board 
to  select 
the  kind. 


Proviso. 


Notice  to 
vote  on 
question. 


The  People  of  the  State  of  Michigan  enact: 

(211)  .  §  5781.     SECTION  1.     From  and  after  June  thirty, 
eighteen  hundred  ninety,  each  school  board  of  the  state  shall 
purchase,  when  authorized  as  hereinafter  provided,  the  text- 
books used  by  the  pupils  of  the  schools  in  its  district.    Text- 
books once  adopted  under  the  provisions  of  this  act  shall 
not  be  changed  within  five  years:     Provided,  That  the  text- 
book on  the  subject  of  physiology  and  hygiene  must  be  ap- 
proved by  the  state  board  of  education  and  shall  in  every 
way  comply  with  section  fifteen  of  act  number  one  hundred 
sixty-five  of  the  public  acts  of  eighteen  hundred  eighty-seven, 
approved  June  nine,  eighteen    hundred    eighty-seven:     And 
Provided  further,  That  all  text-books  used  in  any  school  dis- 
trict shall  be  uniform  in  any  one  subject. 

Am.    1915,  Act  52. 

The  section  above  referred  to  is  section  60. 

FREE  TEXT-BOOKS  :  It  has  never  been  claimed  that  school  boards  have 
the  power  to  furnish  free  text-books  except  by  virtue  of  special  legislation. — 
Bd.  of  Education  v.  Detroit,  80/548. 

TEXT-BOOKS :  The  provision  of  the  law  that  books  once  adopted  shall 
not  be  changed  within  five  years  was  designed  to  protect  the  public  and  not 
for  the  benefit  of  book  publishers. — Att'y  Gen'l  vs.  Bd.  of  Ed.,  133  /  681. 

A  resolution  of  the  board  directing  the  purchase  of  a  specified  text-book 
for  use  in  the  schools  constituted  an  adoption  of  that  book.  The  five  years 
began  to  run  from  the  date  of  such  resolution,  not  from  the  time  the  book 
was  completely  installed  in  the  school.  A  resolution  of  the  board  to  pur- 
chase certain  text-books  for  "supplementary  use"  shows  no  intention  to 
adopt,  and  is  illegal  and  void. — Att'y  Gen'l  ex  rel.  Marr  v.  Bd.  of  Edu.  De- 
troit ;  D.  C.  Heath  &  Co.  v.  same,  133  /  681. 

Under  its  organic  act  (Act  233  of  1869)  the  Detroit  board  of  education 
cannot  buy  school  books  for  high  school  students  and  sell  them  at  cost. — 
Attorney  General  v.  Bd.  of  Ed.  of  Detroit,  175/438. 

(212)  §  5782.     SEC.  2.     The  district  board  of  each  school 
district  shall  select  the  kind  of  text-books  on  subjects  enumer- 
ated in  section  one  to  be  taught  in  schools  of  their  respective 
districts :    Provided,  That  nothing  herein  contained  shall  re- 
quire any  change  in  text-books  now  in  use  in  such  district. 
They  shall  cause  to  be  posted  in  a  conspicuous  place,  at  least 
ten  days  prior  to  the  first  annual  school  meeting  from  and 
after  the  passage  of  this  act,  a  notice  that  those  qualified  to 
vote  upon  the  question  of  raising  money  in  said  district  shall 
vote  at  such  annual  meeting  to  authorize  said  district  board 


GENERAL  SCHOOL  LAWS.  89 

to  purchase  and  provide  free  text-books  for  the  use  of  the 
pupils  in  said  district.  If  a  majority  of  all  the  voters  as 
above  provided  present  at  such  meeting  shall  authorize  said 
board  to  raise  by  tax  a  sum  sufficient  to  comply  with  the  pro- 
visions of  this  act,  the  district  board  shall  thereupon  make  a 
list  of  such  books  and  file  one  copy  with  the  township  clerk 
and  keep  one  copy  posted  in  the  school,  and  due  notice  of  such 
action  by  the  district  shall  be  noted  in  the  annual  report  to 
the  superintendent  of  public  instruction.  The  district  board 
shall  take  the  necessary  steps  to  purchase  such  books  for  the 
use  of  all  pupils  in  the  several  schools  of  their  district,  as 
hereinafter  provided.  The  text-books  so  purchased  shall  be  Brooks  to  be 
the  property  of  the  district  purchasing  the  same,  and  shall  be  SStrfciffetc. 
loaned  to  pupils  free  of  charge,  under  such  rules  and  regula- 
tions for  their  careful  use  and  return  as  said  district  board 
may  establish :  Provided,  That  nothing  herein  contained  Proviso, 
shall  prevent  any  person  from  buying  his  or  her  books  from 
the  district  board  of  the  school  in  which  he  or  she  may 
attend :  Provided  further,  That  nothing  herein  contained 
shall  prevent  any  district  having  once  adopted  or  rejected 
free  text-books  from  taking  further  action  on  the  same  at 
any  subsequent  annual  meeting. 

(213)  §  57-83.     SEC.  3.     It  shall  be  the  duty  of  the  dis- 

trict  board  of  any  school  district  adopting  free  text-books  withpub- 

provided  for  in  this  act  to  make  a  contract  with  some  dealer  llshers-  etc 

or  publisher  to  furnish  books  used  in  said  district  at  a  price 

not  greater  than  the  net  wholesale  price  of  such  books:   Pro-  Proviso. 

vided,  That  any  district  may,  if  it  so  desires,  authorize  its 

district  board  to  advertise  for  proposals  before  making  such 

contract. 

(214)  §  5784.    SEC.  4.    The  district  board  of  every  school  ^^^mi 
district  in  the  state  adopting  free  text-books  under  this  act  Stimate1Sf 
shall  make  and  prepare  annually  an  estimate  of  the  amount 

of  money  necessary  to  be  raised  to  comply  with  the  condi- 
tions of  this  act,  and  shall  add  such  amount  to  the  annual 
estimates  made  for  money  to  be  raised  for  school  purposes, 
for  the  next  ensuing  year.  Said  sum  shall  be  in  addition 
to  the  amount  now  provided  by  law  to  be  raised;  which 
amount  each  township  clerk  shall  certify  to  the  supervisor 
of  his  township  to  be  assessed  upon  the  taxable  property  of 
the  respective  districts  as  provided  by  law  for  raising  the 
regular  annual  estimates  of  the  respective  district  boards  for 
school  purposes,  and  when  collected  shall  be  paid  to  the  dis- 
trict treasurer  in  the  same  manner  as  all  other  money  be- 
longing to  said  district  is  paid. 

(215)  §  5785.    SEC.  5.    On  the  first  day  of  February  next  when  director 
after  the  tax  shall  have  been  levied,  the  director  of  said  dis- 

trict  may  proceed  to  purchase  the  books  required  by  the 
pupils  of  his  district  from  the  list  mentioned  in  section  one 
of  this  act,  and  shall  draw  his  warrant,  countersigned  by  the 
moderator,  upon  the  treasurer  or  assessor  of  the  district  for 


90 


STATE    OF   MICHIGAN. 


price  of  the  books  so  purchased,  including  the  cost  of  trans- 
portation. 

(216)  §  5786.  SEC.  6.  If  the  officers  of  any  school  dis- 
trict, which  has  so  voted  to  supply  itself  with  text-books, 
shall  refuse  or  neglect  to  purchase  at  the  expense  of  the  dis- 
trict for  the  use  of  the  pupils  thereof,  the  text-books  as  enu- 
merated in  section  one  of  this  act,  or  to  provide  the  money 
therefor  as  herein  prescribed,  each  officer  or  member  of  such 
board  so  refusing  or  neglecting  shall  be  deemed  guilty  of  a 
misdemeanor,  and  upon  conviction  thereof  before  a  court  of 
competent  jurisdiction,  shall  be  liable  to  a  penalty  of  not 
more  than  fifty  dollars  or  imprisonment  in  the  county  jail 
for  a  period  not  exceeding  thirty  days,  or  by  both  such  fine 
and  imprisonment,  in  the  discretion  of  the  court:  Provided, 
That  any  district  board  may  buy  its  books  of  local  dealers  if 
the  same  can  be  purchased  and  delivered  to  the  director  as 
cheaply  as  if  bought  of  the  party  who  makes  the  lowest  bid 
to  the  district  board :  Provided  further,  That  school  districts 
in  cities  organized  under  special  charters  shall  be  exempt 
from  the  provisions  of  this  act,  but  such  districts  may,  when 
so  authorized  by  a  majority  vote  of  their  district  boards, 
submit  the  question  of  free  text-books  to  the  qualified  voters 
of  said  districts.  If  a  majority  of  the  qualified  electors  vote 
in  favor  of  furnishing  free  text-books,  such  district  boards 
shall  have  authority  to  proceed  under  the  provisions  of  this 
act. 


Refusal  or 
neglect  of 
duty  a  mis- 
demeanor. 


Penalty. 


Proviso. 


Further 
proviso. 


In  cities, 
boards  may 
submit  ques- 
tions to  voters 
of  district. 


SPECIAL  CHARTERS:  The  action  of  the  Detroit  board  of  education,  in 
including  in  its  annual  estimate  a  sum  for  free  text-books,  in  the  absence  of 
authority  from  a  majority  of  the  qualified  electors,  as  provided  in  this  sec- 
tion, was  held  absolutely  void.— Bd.  of  Ed.  v.  Detroit,  80/551. 


An  Act  to  regulate  the  sale  of  school  textbooks. 
[Act  315,   P.  A.   1913.] 

The  People  of  the  State  of  Michigan  enact: 

conditions.  (217)  §  5787.  SECTION  1.  No  person  shall  offer  any 

school  textbook  for  adoption,  sale  or  exchange  in  the  state 
of  Michigan  until  he  shall  have  complied  with  the  following 
conditions : 

copies  filed.  i.  He  shall  file  copies  of  all  textbooks  sold  by  the  com- 
pany manufacturing  such  book,  in  the  office  of  the  state 
superintendent  of  public  instruction  with  a  sworn  statement 
of  the  usual  list  price,  the  lowest  wholesale  price,  and  the 
lowest  exchange  price  at  which  said  book  is  sold  or  exchanged 
for  an  old  book  on  the  same  subject  of  like  grade  and  kind 
but  of  a  different  series. 

Bond.  2.  He  shall  file  with  the  state  superintendent  of  public 

instruction  a  bond  running  to  the  people  of  the  state  of  Mich- 
igan, with  a  responsible  surety  company  authorized  to  do 
business  in  the  state  of  Michigan  as  surety  thereon,  in  a  penal 


GENERAL    SCHOOL    LAWS.  01 

sum  to  be  determined  by  the  state  superintendent  of  public 
instruction,  not  less  than  two  thousand  dollars  nor  more  than 
ten  thousand  dollars,  conditioned  as  follows: 

(a)  That  he  will  furnish  any  of  the  books  listed  in  said  Price, 
statement  and  in  any  other  statement  subsequently  filed  by 
him  within  five  years,  to  any  school  district  and  any  school 
corporation   in   the   state  of   Michigan   at  the   lowest  price 
contained  in  said  statement  and  that  he  will  maintain  said 
price  uniformly  throughout  the  state; 

(b)  That   he   will   reduce   such   prices  automatically  in 
Michigan   whenever   reductions   are  made  elsewhere  in   the 
United  States,  so  that  at  no  time  shall  any  book  so  filed  and 
listed  by  him  be  sold  in  the  state  of  Michigan  at  a  higher 
net  price  than  is  received  for  such  book  elsewhere  in  the 
United  States; 

(c)  That  all  textbooks  offered  for  sale,  adoption,  or  ex-  Quality 
change  in  the  state  of  Michigan,  shall  be  equal  in  quality  to 
those  deposited  in  the  office  of  the  state  superintendent  of 
public   instruction   as    regards   paper,   binding,   print,   illus- 
trations, subject  matter,  and  all  other  particulars  that  may 
affect  the  value  of  such  textbooks; 

(d)  In  case  he  shall  prepare  an  abridged  or  special  edition 
of  any  of  the  books  so  listed  by  him,  and   shall  sell  such 
special  edition  elsewhere  at  a  lower  wholesale  price  than  the 
wholesale  price  scheduled  with  the  state  superintendent,  he 
shall  file  a  copy  of  such  special  edition  together  with  the 
price  therefor,  as  above  stated,  with  the  state  superintendent 
of  public  instruction; 

(e)  He  shall  not  enter  into    any    understanding,    agree- 
ment  or  combination  to  control  the  prices  or  to  restrict  com- 
petition  in  the  sale  of  school  textbooks. 

(218)  §  5788.   SEC.  2.    Such  bond  shall  be  approved  by  the  Bondap- 
attorney  general  and  shall  continue  in  force  for  the  period  of  Fn 

five  years  after  its  filing,  at  or  before  the  expiration  of  which 
period  a  new  bond  shall  be  given,  or  the  right  to  continue 
business  within  the  state  shall  be  forfeited. 

(219)  §  5789.    SEC.  3.    The  state  superintendent  of  public  Annual  list, 
instruction  shall,  within  thirty  days  after  the  filing  of  any 

list  and  bond,  send  a  copy  of  the  list  to  the  school  authorities 
in  each  district  in  the  state,  and  he  shall  annually  publish 
and  send  to  each  school  district  in  the  state,  a  copy  of  all 
such  lists  then  in  force  in  his  office. 

(220)  §  5790.    SEC.  4.   It  shall  be  the  duty  of  all  super  in-  superinten- 
tendents  and  principals  of  schools  in  the  several  districts  of  dutySof tc'' 
this  state,  to  notify  the  county  commissioner  of  schools  of  the 
county  in  which  they  respectively  reside,  of  any  violation  of 

any  of  the  conditions  contained  in  said  bond  that  shall  come 
to  their  knowledge :  Provided,  That  in  school  districts  includ-  Proviso, 
ed  in  whole  or  in  part  within  the  limits  of  incorporated  cities 
such  reports  shall  be  made  to  the  -board  of  education  of  the 
district,  and  it  shall  thereupon  be  the  duty  of  such  county 


STATE   OP   MICHIGAN. 


Failure  to 
comply  with 
requirements. 


Judgment 
rendered. 


school  commissioners,  and  of  such  boards  of  education  to 
investigate  the  alleged  violation,  and  if  they  shall  determine 
that  there  is  good  ground  for  believing  that  said  conditions 
have  actually  been  violated,  they  shall  forthwith  report  the 
matter  to  the  state  superintendent  of  public  instruction,  and 
he  shall  thereupon  notify  the  person  guilty  of  such  viola- 
tion to  comply  with  the  conditions  of  his  said  bond  and  to 
make  good  any  loss  or  injury  that  may  have  been  occasioned 
by  such  violation  within  a  reasonable  time  to  be  inserted 
in  said  notice.  If  the  person  so  notified  shall  fail  to  comply 
with  the  requirements  of  the  notice,  the  said  superintend- 
ent of  public  instruction  may  thereupon  suspend  his  right  to 
sell  school  text-books  within  the  state  of  Michigan  until  he 
shall  so  comply.  In  case  any  person  who  has  given  the  bond 
aforesaid  shall  refuse  to  comply  with  the  provisions  thereof, 
or  shall  persistently  violate  the  same  the  said  superintend- 
ent of  public  instruction  shall  declare  his  bond  forfeited  and 
the  attorney  general  shall  bring  suit  thereon  in  any  court 
having  jurisdiction  thereof.  In  case  judgment  shall  be 
rendered  in  favor  of  the  state  on  such  bond,  judgment  shall 
be  entered  and  damages  assessed  for  the  penal  amount  there- 
of, and  when  paid,  it  shall  be  placed  to  the  credit  of  the  pri- 
mary school  interest  fund.  In  case  judgment  is  rendered 
against  the  principal  in  such  bond,  he  shall  be  barred  from 
further  continuance  of  his  business  within  the  state  of  Michi- 
gan for  a  period  of  five  years. 

(221)  §  5791.   SEC.  5.  No  person  shall  secure  or  attempt  to 
secure  the  sale  of  any  school  textbooks  in  any  school  district 
in  this  state  by  rewarding  or  promising  to  reward  any  teacher 
in  any  school  in  the  state  or  by  securing  for  him  any  position 
iv  any  other  school.    No  person  shall  offer  or  give  any  emolu- 
ment, money  or  other  valuable  thing,  promise  of  work  or 
any  other  inducement  to   any  teacher  or  school   officer   in 
any  school  district  for  any  vote  or  promise  of  vote  or  for 
the  use  of  his  influence  for  any  school  textbooks  to  be  used 
in  this  state:    Provided,  That  nothing  in  this  section  shall 
be   construed   to   prevent   any   person    from   giving,   or   any 
school  officer  or  teacher  from  receiving,  a  reasonable  number 
of  sample  copies  of  school  textbooks  for  examination  with  a 
view  to  obtaining  informjation  as  to  the  book  or  series  of 
books  for  which  such  officer  shall  give  his  vote. 

(222)  §  5792.    SEC.  6.    It  shall  be  unlawful  for  any  retail 
dealer  in  text-books  to  sell  any  books  listed  with  the  state 
superintendent  of  public  instruction  as  hereinbefore  provided 
at  a  price  to  exceed  fifteen  per  cent  advance  on  the  net  whole- 
sale price  as  so  listed. 

(223)  §  5793.    SEC.  7.    School  districts  are  hereby  author- 
ized to  purchase  text-books  from  the  publishers  at  the  prices 
listed  with  the  state  superintendent  of  public  instruction  as 
hereinbefore  provided  and  to  sell  said  books  to  the  pupils  at 


Inducement, 
promise,  etc. 


Proviso. 


Books  listed. 


Purchase  and 
sale  of. 


GENERAL    SCHOOL    LAWS.  93 

said  listed  prices  or  at  such  prices  as  will  include  the  cost 
of  transportation  and  the  cost  of  handling. 

(224)    §  5794.    SEC.  8.    School  districts  are  hereby  author- TO  designate 
ized  to  purchase  text-books  from  the  publishers  at  the  prices  d< 
listed  with  the  state  superintendent  of  public  instruction  as 
hereinbefore  provided  and  to  designate  a  retail  dealer  or  deal- 
ers to  act  as  the  agent  of  the  district  in  selling  text-books  to 
pupils.     The  said   dealer  or  dealers   shall  at   stated   times  settlements. 
make  settlement  with  the  district  for  such  books   as  have 
been  sold  up  to  the  stated  time.    Said  dealer  or  dealers  shall 
not  sell  text-books  at  a  price  wrhich  shall  exceed  a  ten  per 
cent  advance  on  the  net  wholesale  price  as  listed  with  the 
state  superintendent  of  public  instruction. 

,(225)     §  5795.    SEC.  9.     The  word  "person"  as  used  in  this 
act  shall  include  firms,  associations  and  corporations. 

(226)  §  5796.    SEC.  10.    When  a  family  removes  from  one  Re-sale  of 
school  district  to  another  within  the  state,  the  treasurer  of   ( 

the  district  shall  purchase,  out  of  the  contingent  fund,  the 
text-books  in  actual  use  by  the  children  of  the  family  at  a  fair 
price,  based  on  the  condition  of  the  books ;  the  said  books  to 
be  re-sold,  when  necessary,  to  other  pupils  moving  into  the 
said  district. 

(227)  §  5797.    SEC.  11.    Any  person  violating  any  of  the  Penalty, 
provisions  of  this  act  shall,  on  conviction  thereof,  be  punished 

by  fine  not  exceeding  five  hundred  dollars,  or  by  imprison- 
ment not  exceeding  J:h,-ee  months,  or  by  both  such  fine  and 
imprisonment  at  the  discretion  of  the  court. 

Sec.  12  repeals  all  Inconsistent  acts  or  parts  of  acts. 


SYSTEM  OF  HUMANE  EDUCATION. 

An  Act  to  provide  a  system  of  humane  education,  which  shall  in- 
clude kind  treatment  to  domestic  and  wild  animals   and  birds. 

[Act  227,   P.    A.   1913.] 

The  People  of  the  State  of  Michigan  enact: 

(228)  §  5871.     SECTION  1.     For  the  purpose  of  lessening  Education  in 
crime  and  raising  the  standard  of  good  citizenship,  and  in-  pubu 
culcating  the  spirit  of  humanity,    such    humane    education 

shall  be  given  in  the  public  schools  as  shall  include  the  kind 
and  just  treatment  of  horses,  dogs,  cats,  birds,  and  all  other 
animals. 

(229)  §  5872.     SEC.  2.    In  every  public  school  within  this  Teaching  of 
state,  a  portion  of  the  time  shall  be  devoted  to  teaching  the  kin( 
pupils  thereof  kindness  and  justice  to,  and  humane  treat- 
ment and  protection  of,  animals  and  birds,  and  the  import- 


94 


STATE    OF    MICHIGAN. 


HOW  taught,  ant  part  they  fulfill  in  the  economy  of  nature.  It  shall  be 
optional  with  each  teacher  whether  such  teaching  shall  be 
through  humane  reading,  stories,  narratives  of  daily  inci- 

Part  of  study,  dents  or  illustrations  taken  from  personal  experience.  This 
instruction  shall  be  a  part  of  the  curriculum  of  study  in  all 
the  public  schools  of  the  state  of  Michigan. 

certified  (230)     §  5873.     SEC.  3.    The  principal  or  teacher  of  every 

reports.  school  shall  certify  in  his  or  her  reports  that  such  instruc- 

tion has  been  given  in  the  school  under  his  or  her  control. 


Duty  of 

district 

board. 


KINDERGARTEN  WORK. 

An  Act  authorizing  the  introduction  of  the  kindergarten  method  in 
the  public  schools  of  this  state. 

[Act  119,  P.  A.  1891.] 

The  People  of  the  State  of  Michigan  enact: 

(231)  §  5799.  SECTION  1.  That  in  addition  to  the  duties 
imposed  by  law  upon  the  district  board  of  every  school  dis- 
trict in  this  state,  they  shall  also  be  empowered  to  provide 
a  suitable  room  or  apartment  for  kindergarten  work,  and 
to  supply  their  district  respectively  with  the  necessary  ap- 
paratus and  appliances  for  the  instruction  of  children  in 
what  is  known  as  the  kindergarten  method. 

As  to  certificates,  and  payment  of  kindergarten  teachers,   see    section   235. 


(232)     §  5800.     SEC.  2.    In  the  employment  of  teachers  it 
,  etc.   shall  be  competent  for  such  district  board  to  require  qualifi- 
cations for  instruction  of  children  in  kindergarten  methods, 
and  the  district  board  may   provide   by   contract    with    the 
teacher  for  such  instruction,  specifying  the  hours  and  times 
therefor  under  such  rules  as  the  district  board  may  prescribe. 
What  children      (233)     §  5801.     SEC.  3.     All  children  residing  within  the 
Instruction.      district  between  the  ages  of  four  and  seven  shall  be  entitled 
to  instructions  in  the  kindergarten  department  of  such  dis- 
trict school. 

Act  to  apply  (234)  §  5802.  SEC.  4.  The  powers  and  duties  herein  im- 
other  schools,  posed  or  conferred  upon  the  district  shall  also  be  and  the 
same  are  hereby  imposed  and  conferred  upon  the  school 
trustees  or  board  of  education  or  other  body,  by  whatever 
name  known,  managing  or  controlling  the  public  schools  in 
each  city  and  village  of  this  state;  and  this  act  is  hereby 
made  applicable  to  every  public  school  organized  by  special 
act  or  by  charter  as  fully  as  if  they  were  named  herein. 


GENERAL    SCHOOL    LAWS.  95 


QUALIFICATIONS   OF   KINDERGARTEN,   MUSIC  AND 
DRAWING  TEACHERS. 

An  Act  to  define  the  legal  qualifications  of  kindergarten,  primary, 
music,  domestic  science  and  art,  manual  training,  commercial, 
physical  training,  and  drawing  teachers  in  the  state,  (a). 

[Act  166,  P.  A.  1901.] 
The  People  of  the  State  of  Michigan  enact: 

(235)  §  5803.  SECTION  1.  Any  person  who  is  a  graduate  when 
of  any  kindergarten  training  school,  whose  course  of  study 
covers  at  least  two  years  of  work  and  is  approved  by  the 
superintendent  of  public  instruction  of  this  state,  and  who 
holds  also  a  teacher's  certificate  or  a  diploma  from  a  repu- 
table college  or  from  a  high  school  having  a  four  years'  high 
school  course,  may  be  granted  a  kindergarten  and  primary 
certificate  by  said  superintendent  of  public  instruction,  and 
such  person  holding  such  certificate  shall  be  considered  a 
legally  qualified  kindergarten  and  primary  teacher;  and  any 
district  board  shall  be  authorized  to  pay  such  teacher  for  in- 
struction in  the  kindergarten  and  primary  grades  from  the 
same  fund,  and  in  the  same  manner  as  other  teachers  are 
now  paid. 

Am.  1905,  Act  24;  1909,  Act  111;    1917,  Act  265. 
See  sections  231-234. 

(23G)      §  5804.     SEC.  2.     Any  person  who  has  finished  a  who  may  be 
course  of  at  least  two  years  in  music,  domestic  science  and  certificate, 
art,  manual  training,   commercial  branches,  physical  train- 
ing or  drawing  in  the  university  of  the  state  of  Michigan,  or 
in  any  of  the  state  normal  schools,  or  in  any  college  incor- 
porated under  the  general  laws  of  the  state,  or  in  any  other 
institution  whose  course  of  study  is  acceptable  to  the  super- 
intendent of  public  instruction,  and  who  shall    present    to 
said  superintendent  of  public  instruction  a  statement  from 
the  proper  authorities  of  the  institution  certifying  to  the 
fact  of  the  completion  of  the  required  amount  of  work,  may 
be  granted  respectively  a  music  teacher's  certificate,  a  do- 
mestic science  and  art  teacher's  certificate,  a  manual  train- 
ing teacher's  certificate,  a  commercial  teacher's  certificate,  a 
physical  training  teacher's  certificate,  or  a  drawing  teacher's 
certificate ;  and  any  person  holding  such  certificate  shall  be  g^JJ164 
considered  a  legally  qualified  teacher  in  the  subject  named  <juaitiEed. 
in  the  certificate;  and  any  district  board  or  board  of  educa- 
tion shall  be  authorized  to  pay  such  teacher  for  instruction 
in  the  subject  for  which  such  teacher  is  thus  qualified  from 

(a)   Title  Am.  1917,  Act  265. 


96 


STATE    OF   MICHIGAN. 


the  same  fund  and  in  the  same  manner  as  other  teachers  are 
now  paid. 

Am.  1905,  Act  24;  1915,  Act  194;  1917,  Act  265. 

(237)  §  5805.  SEC.  3.  Any  person  who  has  finished  a 
course  of  at  least  two  years  in  music  under  a  private  in- 
structor, and  who  shall  pass  an  examination  satisfactory  to 
the  musical  director  of  any  state  normal  school  in  Michi- 
gan, may  be  granted  a  music  teacher's  certificate  as  provid- 
ed in  section  two  hereof. 

Added  1905,  Act  24. 


Music 

teacher's 

certificate. 


Instruction, 
how  given. 


Text-books, 
approval  of. 


Penalty. 


STUDY  OF  DANGEROUS  DISEASES. 

An  Act  to  provide  for  teaching  in  the  public  schools  the  modes  by 
which  the  dangerous  communicable  diseases  are  spread,  and  the 
best  methods  for  the  restriction  and  prevention  of  such  diseases. 

[Act  146,   P.    A.   1895.] 

The  People  of  the  State  of  Michigan  enact: 

(238)  §  5807.    SECTION  1.    There  shall  be  taught  in  every 
year  in  every  public  school  in  Michigan  the  principal  modes 
by  which  each  of  the  dangerous  communicable  diseases  are 
spread  and  the  best  methods  for  the  restriction  and  preven- 
tion of  each  such  disease.   Such  instruction  shall  be  given  by 
the  aid  of  text-books  on  physiology,  supplemented  by    oral 
and  blackboard  instruction.    From  and  after  July  first,  nine- 
teen  hundred   ten,     no    text-book    on   physiology    shall   be 
adopted  for  use  in  the  public  schools  of  this  state,  unless  it 
shall  give  at  leas't  one-eighth  of  its  space  to  the  causes  and 
prevention  of  dangerous  communicable  diseases.     Text-books 
used  in  giving  the  foregoing  instruction  shall,  before  being 
adopted  for  use  in  the  public  schools,  have  that  portion  given 
to  the  instruction  in  communicable  diseases  approved  by  the 
state  board  of  health  to  the  state  board  of  education. 

Am.  1909,  Act  141. 

(239)  §  5808.     SEC.  2.     Neglect  or  refusal  on  the  part  of 
any  superintendent  or  teacher  to  comply  with  the  provisions 
of  this  law  shall  be  considered  a  sufficient  cause  for  dismissal 
from  the  school  by  the  school  board.    Any  school  board  wil- 
fully neglecting  or  refusing  to  comply  with  any  of  the  pro- 
visions of  this  act  shall  be  subject  to  fine  the  same  as  for 
neglect  of  any  other  duty  pertaining  to  their  office.    This  act 
shall  apply  to  all  schools  in  this  state,  including  schools  in 
cities  or  villages,  whether  incorporated  under  special  charter 
or  under  the  general  laws, 


GENERAL    SCHOOL    LAWS.  97 


OPTIONAL   COURSE   OF   MILITARY   TRAINING   IN 
HIGH  SCHOOLS. 

An  Act  to  require  the  establishment  of  an  optional  course  of  military 
training  in  all  high  schools  in  this  state. 

[Act   185,  P.  A.  1917.] 

The  I'roplc  of  the  State  of  Michigan  enact: 

(240)  SECTION  1.     Hereafter  it  shall  be  the  duty    of   all  Put^of 
boards  of  education  or  boards  of  trustees  of  school  districts 
maintaining  one  or  more  high  schools  within  their  respec- 
tive districts  to  establish  a  course  of  military  training  for 

such  high  school  or  schools,  such  course  to  be  optional  with 
the  students  of  such  high  schools :  Provided,  That  nothing  Proviso, 
herein  contained  shall  apply  to  cities  or  villages  having  less 
than  five  thousand  population:  Provided  further,  That 
when  less  than  twenty -five  male  students  elect  to  take  such 
course,  the  board  of  education  may  discontinue  said  course 
until  such  time  as  twenty-five  male  students  request  the  re- 
establishment  of  said  course. 

(241)  SEC.  2.     Failure  or  neglect  upon  the  part  of  any  Penalty, 
board  of  education  or  board  of  trustees  of  any  school  dis- 
trict to  maintain  a  course  of  military  training,  as  provided 

in  this  act,  shall  subject  said  board  to  removal  from  office, 
after  a  hearing  with  proper  notice,  by  the  state  superintend- 
ent of  public  instruction. 


FIRE  DRILLS  IN  SCHOOLS. 

[Extract  from  Act  178,  P.  A.  1915.] 

(242)  §  9116.  SEC.  10.  It  shall  be  the  duty  of  the  state  fire  J™1118  in 
marshal  and  deputy  and  assistant  fire  marshals  to  require 
teachers  of  public  and  private  schools  and  educational  insti- 
tutions to  have  one  fire  drill  each  month  and  to  keep  all  doors 
and  exits  unlocked  during  school  hours,  and  it  shall  be  the 
duty  of  such  teachers  to  comply  with  these  requirements. 

13 


STATE    OF    MICHIGAN. 


PUBLICATION  OF  PROCEEDINGS  OF  ANNUAL   SCHOOL 
MEETINGS. 

An  Act  to  provide  for  the  publication  of  the  proceedings  of  the  an- 
nual school  meeting,  and  an  annual  financial  statement  in  graded 
school  districts  in  which  a  newspaper  is  published,  and  to  provide 
for  the  expense  thereof,  and  fixing  a  penalty  for  failure  to  make 
such  publication. 

[Act  185,   P.  A.  1897.] 

The  People  of  the  State  of  Michigan  enact: 

Proceedings  (243)  §  5809.  SECTION  1.  Previous  to  the  first  Monday 
in  August  of  each  year  the  board  of  education  or  board  of 
trustees,  as  the  case  may  be,  of  each  graded  school  district 
in  this  state  shall  cause  to  be  published  in  a  newspaper  pub- 
lished in  said  district  or  in  the  county  in  which  said  district 
is  located,  baid  newspaper  to  be  designated  by  said  board  of 
education,  a  complete  statement  of  the  proceedings  of  the 
annual  school  meeting  and  an  itemized  financial  statement 
of  the  receipts  and  expenditures  of  said  district  during  the 
preceding  school  year,  the  expense  of  said  publication  to  be 
paid  out  of  the  general  fund  of  the  district  and  proof  of 
said  publication  shall  be  filed  at  the  office  of  the  county 
commissioner  of  schools  not  later  than  August  fifteenth  of 
each  and  every  year. 

Am.  1905,  Act  305;  1917,  Act  269. 

Penalty  for  (244)      §  5810.     SEC.  2.     If  any  board  of    education    or 

board  of  trustees  shall  fail  or  neglect  to  comply  with  the  pro- 
visions of  this  act  each  member  of  any  such  board  shall  for- 
feit the  sum  of  ten  dollars  upon  conviction  thereof  in  any 
court  of  competent  jurisdiction. 

Am.  1905,   Act  305. 


DISPLAY  OF  U.  S.  FLAGS. 

An  Act  to  provide  for  the  purchase  and  display  of  United  States  flags 
in  connection  with  the  public  school  buildings  within  this  state. 

[Act   56,   P.   A.   1895.] 

The  People  of  the  State  of  Michigan  enact: 

Flags  and  (245)      §  5811.     SECTION  1.     That  the  board  of  education 

to  beances        or  the  board  of  school  trustees  in  the  several  cities,  town- 
purchased,       ships,  villages  and   school  districts  of  this  state  shall  pur- 
chase a  United  States  flag  of  a  size  not  less  than  four  feet 
two  inches  by  eight  feet  and  made  of  good  flag  bunting  "A," 


GENERAL  SCHOOL  LAWS.  99 

flag  staff  and  the  necessary  appliances  therefor  and  shall  dis-  Time  for 
play  said  flag  upon,  near,  or  in  a  conspicuous  place  within,  d 
the  public  school  building  during  school  hours  and  at  such 
other  times  as  to  the  said  board  may  seem  proper ;  and  that 
the  necessary  funds  to  defray  the  expenses  to  be  incurred 
herein  shall  be  assessed  and  collected  in  the  same  manner  as  moneys- 
moneys  for  public  school  purposes  are  collected  by  law.    And 
the  penalties  for  neglect  of  duty   provided  in  section  two,  Penalty, 
chapter  thirteen  of  the  general  school  laws,  shall  apply  to 
any  school  officer  refusing  to  comply  with  the  provisions  of 
this  act. 


OBSERVANCE  OF  HOLIDAYS. 

An  Act  designating  the  days  to  be  observed  as  holidays  in  the  public 
schools  of  this  state. 

[Act  11,  P.  A.  1911.] 

The  People  of  the  State  of  Michigan  enact: 

(246)  §  5823.  SECTION  1.  The  following  days,  namely,  the  Holidays, 
first  day  of  January,  commonly  called  New  Year's  day,  the 
thirtieth  day  of  May,  commonly  called  Memorial  day,  the 
fourth  day  of  July,  the  first  Monday  of  September,  common- 
ly called  Labor  day,  and  the  twenty-fifth  day  of  December, 
commonly  called  Christmas  day,  all  Saturdays  and  all  days 
appointed  or  recommended  by  the  governor  of  this  state  or 
the  President  of  the  United  States  as  days  of  fasting  and 
prayer  or  thanksgiving  shall,  in  all  the  public  schools  of  this 
state,  be  treated  and  considered  as  public  holidays  and  on 
such  above  specified  days  there  shall  be  no  school  sessions 
in  any  of  such  public  schools  of  this  state :  Provided,  That 
the  salary  of  school  officers  and  teachers  shall  be  in  no  way 
affected  by  reason  of  the  dismissal  of  school  on  any  of  the 
above  mentioned  days:  Provided  further,  That  on  the  fol- 
lowing  days,  namely,  the  twelfth  day  of  February,  common- observance  of 
ly  called  Lincoln's  birthday,  the  twenty-second  day  of  Febru-  Ol 
ary,  commonly  called  Washington's  birthday,  and  the  twelfth 
day  of  October,  commonly  called  Columbus  day,  it  shall  be 
the  duty  of  all  school  officers  and  teachers  to  have  the  schools 
under  their  respective  charge  observe  such  mentioned  days, 
namely,  the  twelfth  day  of  February,  the  twenty-second  day 
of  February,  and  the  twelfth  day  of  October,  by  proper  and 
appropriate  commemorative  exercises,  and  such  days  shall 
not  be  considered  as  legal  holidays  for  schools.  It  shall  bo  Declaration 
the  duty  of  every  teacher  in  the  public  schools  of  this  state  to  be  read?06 
to  cause  the  Declaration  of  Independence  to  be  read  to  his 
or  her  pupils  above  the  fifth  grade  on  said  days.  Any  teacher- 
neglecting  to  perform  the  duty  hereby  imposed  shall  be  liable 


100 


STATE    OF    MICHIGAN. 


to  have  his  or  her  certificate  revoked  by  the  county  commis- 
sioner of  schools  or  by  the  superintendent  of  public  instruc- 
tion. 


Requirement 
for  eighth 

diploma. 


Am.  1915,  Act  223. 

(247)  §  5824.  SEC.  2.  Hereafter  in  all  examinations  for 
eighth  grade  diplomas,  all  applicants  shall  be  required  as 
a  part  of  said  examination  to  write  from  memory  the  first 
verse  of  the  Star  Spangled  Banner  and  the  words  of  America. 

Added  Id. 


Reports  to 
be  made  to 
superintend- 
ent of  public 
instruction. 


Contents 
cf  report. 


RETURNS  FROM  ACADEMIES. 

An  ActVrequiring  certain  returns  to  be  made  from  incorporated  acad- 
emies, and  other  literary  institutions. 

[Act   19,    S.   L,   1839.] 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of 
the  State  of  Michigan: 

(248)  §  10674.  SECTION  1.  That  it  shall  be  the  duty  of 
the  president  of  the  board  of  trustees  of  every  organized  acad- 
emy, or  literary  or  collegiate  institution,  heretofore  incorpo- 
rated or  hereafter  to  be  incorporated,  to  cause  to  be  made  out 
by  the  principal  instructor,  or  other  proper  officer,  and  for- 
warded, by  mail  or  otherwise,  to  the  office  of  the  superintend- 
ent of  public  instruction,  between  the  first  and  fifteenth  days 
of  December,  in  each  year,  a  report,  setting  forth  the  amount 
and  estimated  value  of  real  estate  owned  by  the  corpora- 
tion, the  amount  of  other  funds  and  endowments,  and  the 
yearly  income  from  all  sources,  the  number  of  instructors, 
the  number  of  students  in  the  different  classes,  the  studies 
pursued,  and  the  books  used,  the  course  of  instruction,  the 
terms  of  tuition,  and  such  other  matters  as  may  be  specially 
requested  by  said  superintendent,  or  as  may  be  deemed 
proper  by  the  president  or  principal  of  such  academies  or  in- 
stitutes, to  enable  the  superintendent  of  public  instruction 
to  lay  before  the  legislature  a  fair  and  full  exhibit  of  the 
affairs  and  condition  of  said  institutions. 


GENERAL    SCHOOL    LAtVS. 


101 


TEACHERS'  CERTIFICATES. 

An  Act  to  authorize  the  regents  of  the  university  of  Michigan  to  grant 
teachers'  certificates  in  certain  cases,  and  to  repeal  act  one  hun- 
dred forty-four  of  the  public  acts  of  eighteen  hundred  ninety-one, 
and  all  other  acts  or  parts  of  acts  contravening  the  provisions  of 
this  act. 

[Act  213,  P.   A.   1903.] 

The  People  of  the  State  of  Michigan  enact: 

(249)    §  5812.    SECTION  1.   The  regents  of  the  university  of  ^ 

Michigan,  through  the  faculty  of  the  department  of  literature,  certificates, 
science  and  the  arts,  may  grant  to  every  person  receiving  a 
bachelor's,  master's  or  doctor's  degree,  and  also  a  teacher's  di- 
ploma for  work  done  in  the  science  and  the  arts  of  teaching 
in  said  university,  a  certificate  which  shall  serve  as  a  legal 
certificate  of  qualification  to  teach  in  any  of  the  schools  of 
this  state,  when  a  copy  thereof  shall  have  been  filed  or  re- 
corded in  the  offices  of  the  legal  examining  officer  or  officers 
of  the  county,  township,  city  or  district  where  such  person 
expects  to  teach.  Such  certificate  shall  not  be  liable  to  be  Sly'Se**6 
annulled  except  by  the  said  board  of  regents;  but  its  effect  annulled. 
may  be  suspended  in  any  county,  township,  city  or  district 
and  the  holder  thereof  may  be  stricken  from  the  list  of  quali- 
fied teachers  in  such  county,  township,  city  or  district  by  the 
legal  examining  officer  or  officers  of  the  said  county,  town- 
ship, city  or  district  for  any  cause  and  in  the  same  manner 
that  such  examining  officer  or  officers  may  be  by  law  author 
ized  to  revoke  certificates  granted  by  himself  or  themselves, 
and  such  suspension  shall  continue  in  force  until  revoked  by 
the  authority  suspending:  Provided,  That  the  said  board  of  Proviso, 
regents  may  recognize  and  give  credit  for  work  done  in  other 
educational  institutions  in  the  science  and  art  of  teaching,  if 
said  work  is  equivalent  to  the  work  done  in  the  university  of 
Michigan. 

Sec.  2  repeals  Act  144,  P.  A.  1891. 


An  Act  to  authorize  the  state  board  of  education  to  grant  teachers' 
certificates  in  certain  cases. 

[Act  136,   P.  A.   1893.] 

The  People  of  the  State  of  Michigan  enact: 

(250)     §  5814.     SECTION  1.     The  state  board  of  education  Certificates 
is  hereby  empowered  to  grant  teachers'  certificates  without  ScanSnltion 
examination  to  any  person  who  has  received    a    bachelor's,  granted™ 
master's  or  doctor's  degree  from  any  college  having  a  course 
of  study  actually  taught  in  such  college  of  not  less  than  four 
years  in  addition  to  the  preparatory  work  necessary  for  ad- 


STATE 


MICHIGAN. 


Special 
courses, 
approval  of. 


Life 
certificates. 


cer?mcateerm 


duty  of 


mission  to  the  university  of  Michigan,  and  in  addition  to 
or  as  a  part  of  such  work  a  course  in  the  science  and  art 
of  teaching  of  at  least  one  college  year  of  five  and  a  half 
hours  per  week,  and  in  connection  with  this  special  course 
each  student  shall  have  had  opportunity  for  observation  of 
the  actual  work  done  in  the  grades  of  and  high  schools  of 
the  public  schools.  The  special  course  of  study  herein  pre- 
scribed shall  have  been  approved  by  the  state  board  of  edu- 
cation before  any  graduate  of  such  institution  shall  receive 
a  teachers'  certificate,  and  before  any  certificate  shall  be  is- 
sued to  any  person  the  faculty  of  such  college  shall  give  to 
the  state  board  of  education  its  recommendation  for  each 
student,  stating  that  in  the  judgment  of  the  faculty  the  ap- 
plicant is  entitled  to  receive  such  certificate  and  that  the 
applicant  has  taken  the  prescribed  course  in  the  science  and 
art  of  teaching  and  observation  of  public  school  work.  Each 
person  making  application  to  the  state  board  of  education 
for  a  teachers'  certificate  under  the  provisions  of  this  act 
shall  be  thoroughly  examined  by  the  faculty  of  the  college 
and  shall  be  entitled  to  a  diploma  from  such  college.  The 
character  of  the  examination  shall  be  such  as  to  show  the 
qualification  and  fitness  of  the  person  for  teaching.  If  the 
person  making  application  for  such  certificate  shall  furnish 
to  the  said  state  board  of  education  satisfactory  proof  of 
having  taught  successfully  for  three  years  prior  to  gradua- 
tion from  said  college,  said  certificate  shall  be  a  life  certifi- 
cate, but  if  such  proof  is  not  furnished  said  board,  then  the 
certificate  granted  shall  be  for  four  years  only  and  a  life 
certificate  may  at  any  time  thereafter  be  issued  by  said 
board  upon  the  filing  with  the  said  board  of  satisfactory 
proof  that  the  applicant  has  taught  successfully  for  three 
years.  Such  certificate  shall  entitle  the  holder  to  teach  in  any 
of  the  public  schools  of  this  state  without  examination,  pro- 
vided a  copy  of  said  certificate  shall  have  been  filed  or  record- 
ed in  the  oftice  of  the  legal  examining  officer  or  officers  of  the 
county  or  city  in  which  such  person  is  to  teach,  and  such 
certificate  shall  be  revoked  only  by  the  state  board  of  edu- 
cation and  by  said  board  only  for  cause  after  a  personal  hear- 
ing of  the  case. 

Am.  1907,  Act  112;  1917,  Act  13. 

(251)  §  5815.     SEC.  2.     It  shall  be  the  duty  of  the  said 
board  of  education  to  carefully  examine  any  course  of  study 
in  the  science  and  art  of  teaching  that  may  be  submitted  to  it 
by  the  trustees  of  any  college,  and,  if  satisfactory,  to  furnish 
such  trustees  with  a  written  certificate  approving  the  same. 

(252)  §  5816.    SBC.  3.    If,  at  any  time,  the  said  board  of 
education  shall  conclude  that  any  college,  the  graduates  of 
which  may  desire  to  receive   such    certificate,   is   not  giving 
such  instruction  in  the  science  and  art  of  teaching  and  in  the 
other  branches  as  shall  be  approved  by  said  board,  then  said 


GENERAL    SCHOOL    LAWS.  103 

board  shall  so  determine  by  a  formal  resolution,  and  shall 
give  notice  thereof  to  the  trustees  of  such  college,  and  there- 
after no  teachers'  certificates  shall  be  given  by  said  board  to 
the  graduates  of  such  college  until  said  board  shall  be  satis- 
fied that  proper  instruction  in  the  science  and  art  of  teach- 
ing and  in  [the]  other  branches  is  given  by  such  college,  and 
shall  certify  such  fact  to  the  trustees  of  such  college. 


An  Act  to  authorize  the  state  board  of  agriculture  to  grant  teachers' 
certificates  in  certain  cases. 

[Act   1G5,  P.   A.   1909.] 

The  People  of  the  State  of  Michigan  enact: 

(253)  §  5817.     SECTION  1.     The  state  board    of    agricul- 
ture,  on  recommendation  of  the  president  and  heads  of  de- 
partments  of  the  Michigan  agricultural    college,    is    hereby  duratlon- 
authorized  to  grant  to  persons  who  have  completed  the  regu- 
lar four  year  course  in  agriculture,  together  with  a  course 

in  padagogics  covering  at  least  a  half  year's  special  instruc- 
tion in  such  subject,  a  teacher's  certificate,  which  shall 
serve  as  a  legal  qualification  to  teach  agriculture  and  the 
related  sciences  in  any  of  the  public  schools  of  this  state 
for  the  period  of  three  years. 

(254)  §  5818.     SEC.   2.      Before    the    certificate    herein  Recording 
mentioned  shall  be  valid  in  any  county  or  city,  the  holder  v< 
thereof  shall  record  the  same  in  the  office  of  the  legal  examin- 
ing officer  of  the  county  or  city  where  such  person  expects 

to  teach.  Such  certificate  shall  not  be  liable  to  be  annulled, 
except  by  the  said  state  board  for  any  cause  which  would 
have  justified  the  board  in  withholding  such  certificate. 

(255)  §  5819.     SEC.  3.     The'secretary    of    the    Michigan  Record  of, 
agricultural  college  shall  keep  a  record  of  all  teachers'  certifi-  kepT,  etc! 
cates  so  granted  by  said  state  board  of  agriculture  and  shall 
furnish  the  superintendent  of  public    instruction    annually 

with  a  copy  of  such  list. 


COUNTY  COMMISSIONERS  AND  SCHOOL  EXAMINERS. 

An  Act  to  provide  for  the  election  of  a  county  commissioner  of 
schools,  for  the  appointment  of  school  examiners,  [and]  to  define 
the  duties  and  fix  the  compensation  for  the  same,  and  to  repeal 
all  existing  acts  or  parts  of  acts  conflicting  with  the  provisions  of 
this  act. 

[Act  147,  P.   A.   1891.] 

The  People  of  the  State  of  Michigan  enact: 

(256)     §  5877.    SECTION  1.    At  each  annual  meeting  of  the  Examiner, 
several  boards  of  supervisors  of  the  different  counties  of  the 
state,  the  said  several  boards  of  supervisors  shall  appoint  one 


104 


STATE    OF    MICHIGAN. 


Eligibility. 


Vacancy. 


Oath,  where 
Hied,  etc. 


Bond,  where 
filed,  etc. 


examiner  who  shall  hold  his  office  for  a  period  of  two  years 
from  and  after  the  first  day  of  January  following  his  or  her 
election,  or  until  his  successor  shall  have  been  appointed  and 
qualified,  and  said  examiner,  together  with  the  commissioners 
of  schools,  shall  constitute  a  board  of  school  examiners.  Any 
person  shall  be  eligible  to  the  office  of  examiner  who  shall 
hold  at  least  a  second  grade  certificate,  and  has  taught  in 
the  public  schools  at  least  nine  months,  or  who  has  the 
qualifications  required  of  commissioner  in  section  three  of 
this  act,  except  an  experience  of  twelve  months  as  teacher. 
In  case  a  vacancy  shall  occur  at  any  time  in  the  office  of 
school  examiner,  the  judge  of  probate,  together  with  the 
board  of  school  examiners  of  the  county  in  which  such  va- 
cancy shall  have  occurred,  shall,  within  ten  days  after  the 
occurrence  of  such  vacancy,  appoint  some  suitable  person  to 
fill  such  vacancy.  And  the  person  so  appointed  shall  hold 
the  office  for  the  unexpired  portion  of  the  term,  or  until  his 
or  her  successor  is  appointed  and  has  qualified.  Within  ten 
days  after  such  commissioners  or  examiners  shall  have  re- 
ceived legal  notice  of  his  or  her  election,  he  or  she  shall  take 
and  subscribe  the  constitutional  oath  of  office,  and  the  same 
shall  be  filed  with  the  county  clerk.  The  said  county  com- 
missioner so  appointed,  shall  execute  a  bond  with  two  suffi- 
cient sureties  to  be  approved  by  and  filed  with  the  county 
clerk,  in  the  penal  sum  of  one  thousand  dollars,  conditioned 
that  he  or  she  shall  faithfully  discharge  the  duties  of  his  or 
her  office  according  to  law,  and  to  faithfully  account  for  and 
pay  over  to  the  proper  persons  all  moneys  which  may  come 
into  his  or  her  hands  by  reason  of  his  or  her  holding  such 
office;  and  thereupon  the  county  clerk  shall  report  the  name 
and  postoffice  address  of  such  county  commissioner  to  the 
state  superintendent  of  public  instruction. 

Am.   1901,  Act  43;   1909,   Act  221. 

This  act  supersedes  Chap.  12  of  Act  164  of  1881.  As  to  the  election  of 
school  examiner  under  that  law,  as  amended  by  Act  266  of  1887,  see  Conrad 
v.  Stone,  78/635. 

ELECTION  OF  EXAMINERS  :  The  appointment  by  a  board  of  supervisors 
of  a  member  of  the  board  of  examiners  is  the  transaction  of  ordinary  busi- 
ness for  which  a  majority  of  a  quorum  is  sufficient,  and  the  appointee  is 
not  required  to  receive  the  votes  of  a  majority  of  all  the  members  elected. — 
Rowland  v.  Prentice,  143/347. 

(257)  §  5878.  SEC.  2.  There  shall  be  elected  at  the  elec- 
tion held  on  the  first  Monday  in  April,  nineteen  hundred 
three,  and  every  fourth  year  thereafter,  in  each  county,  one 
commissioner  of  schools,  whose  term  of  office  shall  commence 
on  the  first  day  of  July,  next  following  his  or  her  election, 
and  who  shall  continue  in  office  four  years,  or  until  his  or 
her  successor  shall  be  elected  and  qualified.  The  county 
commissioner  of  schools  elected  under  the  provisions  of  this 
section  shall  file  with  the  county  clerk  for  the  county  for 
which  he  or  she  is  elected,  his  or  her  oath  of  office  and  bond, 
the  same  as  provided  in  section  one  of  this  act,  and  the 
county  clerk  shall  make  the  same  report  to  the  superintend- 


Election  of 
county  com- 
missioner of 
schools. 


File  oath 
and  bond. 


GENERAL    SCHOOL    LAWS.  105 

ent  of  public  instruction  in  all  respects  as  provided  in  sec- 
tion one  of  this  act :  Provided,  That  in  the  county  of  Chip- 
pewa  the  commissioner  of  schools  heretofore  elected  on  the  county^pe 
lirst  Monday  in  April,  nineteen  hundred  three,  shall  hold 
office  until  the  first  day  Of  January,  nineteen  hundred  nine, 
or  until  his  successor  shall  be  elected  and  qualified.  Here- 
after in  the  said  county  of  Chippewa,  a  commissioner  of 
schools  shall  be  elected  at  the  general  election  to  be  held  in 
November,  nineteen  hundred  eight,  and  every  fourth  year 
thereafter,  whose  term  of  office  shall  commence  on  the  first 
day  of  January  next  following  his  or  her  election:  Pro-  Proviso 

•  i     i      mi      L    •       *  j.1.  •  ,.  as  to  Lake 

vided,  That  in  the  county  of  Lake  the  commissioner  of  county, 
schools  heretofore  elected  on  the  first  Monday  in  April,  nine- 
teen hundred  seven,  shall  hold  office  until  the  first  day  of 
January,  nineteen  hundred  eleven,  or  until  his  successor 
shall  be  elected  and  qualified.  Hereafter  in  the  said  county 
of  Lake,  a  commissioner  of  schools  shall  be  elected  at  the 
general  election  to  be  held  in  nineteen  hundred  ten  and 
every  fourth  year  thereafter,  whose  term  shall  commence  on 
the  first  day  of  January  next  following  his  or  her  election. 

Am.   1901,   Act   35  ;   1905,    Act    169 ;   1907,   Act   115. 

Note. — See  section  11,  Chapter  2,  Act  203,  P.  A.  1917,  as  to  the  election 
of  county  commissioner  of  schools. 

(258)     §  5879.     SEC.  3.     Persons  eligible  to  hold  the  office  Eligibility, 
of  commissioner  of  schools  must  possess  the  following  quali- 
fications : 

(a)  Twelve  months  experience  as  a  teacher  in  the  public 
schools  of  this  state; 

(b)  Must  be  a  graduate  of    the   literary   department   of 
some  reputable  college,    university,    or    state    normal  school 
having  a  course  of  at  least  three  years :    Provided,  That  the  ^JJJJJ^, 
holder  of  a  state  teacher's  certificate,  or  of  an  indorsed  first  certificate, 
grade  certificate,  or  of  a  certificate  granted  in  another  state 

and  indorsed  by  the  state  board  of  education  of  this  state, 
shall  be  eligible  in  any  county:    Provided  further,  That  per-  Further 
sons  who  now  hold  the  office  of  commissioner  of  schools  shall  p 
be  eligible  to  succeed  themselves :     Provided    further,    That 
in  counties  employing  less  than  fifty  teachers  a  person  hold- 
ing at  the  time  of  his  or  her  election  a  second  grade  certifi- 
cate shall  be  eligible  in  the  county  where  such  certificate  was 
granted,  unless  a  person  qualified  as  heretofore  provided  can- 
not be  secured  to  fill  the  position. 

Am.   1909,  Act  222. 

QUALIFICATIONS  OF  COMMISSIONER:  A  high  school  is  not  a  college 
within  the  meaning  of  this  section.  A  special  first  grade  certificate  not 
granted  at  one  of  the  regular  public  examinations  provided  for  by  law,  or 
one  granted  without  any  examination,  or  one  granted  upon  public  examina- 
tion after  election  as  commissioner,  does  not  qualify.  Holding  the  office  of 
secretary  of  the  board  of  examiners  under  Act  266  of  1887  (amendatory  of 
chap.  12  of  the  primary  school  law,  now  superseded)  is  not  a  qualification. — 
People  v.  Ilowlett,  94  /  165.  The  legislative  intent  is  to  keep  up  the  standard 
of  teachers  by  requiring  certain  educational  qualifications  in  the  persons  whose 
duty  it  is  to  examine  the  teachers  and  determine  their  fitness  for  their  work. — 
People  v.  Hewlett,  94  / 169.  In  the  case  of  Attorney  General  v.  Lewis,  151  / 
81,  it  was  held  that  persons  elected  to  the  office  of  commissioner,  and,  holding 
the  same  after  the  amendment  of  1895,  are  eligible,  since  the  statute  is  still 
the  act  of  1891  notwithstanding  its  amendments. 


106 


STATE    OP    MICHIGAN. 


Two  regular 
examinations 
each  year. 


Schedule 
published. 


Certificates 
when  granted , 


Proviso. 


Further 
proviso. 


Further 
proviso, 
second  or 
third  grade 
certificate. 


(259)  §  5880.     SEC.  4.     The  board  of  school  examiners 
shall,  for  the  purpose  of  examining  all  persons  who  may  offer 
themselves  as  teachers  for  the  public  schools,  hold  two  regu- 
lar public  examinations  in  each  year  at  the  county  seat,  which 
examinations  shall  begin  on  the  last  Thursday  of  April  and 
the  second  Thursday  of  August  of  each  year.   From  these  two 
examinations  certificates  of  all  grades  may  be  granted.    It 
shall  be  the  duty  of  the  county  commissioner  to  make  out  a 
schedule  of  the  times  and  places  of  holding  such  examina- 
tions and  to  cause  it  to  be  published  in  one  or  more  news- 
papers of  the  county  at  least  ten  days  before  each  examina- 
tion. 

Am.  1901,  Act  99  ;  1903,  Act  95  ;  1905,  Act   99  ;  1911,   Act  20. 
People  v.  Howlett,  94  /  170. 

(260)  §  5881.     SEC.  5.     The  board    of   school    examiners 
shall  meet  on  the  Saturday  of  the  week  following  each  pub- 
lic examination  held  according  to  the  provisions  of  section 
four  of  this  act,  and  shall  grant  certificates  to  teachers  in 
such  form  as  the  superintendent  of  public  instruction  shall 
prescribe,  licensing  as  teachers  all  persons  who  have  attain- 
ed the  age  of  eighteen  years,  who  have  attended  such  public 
examinations  and  who  shall  be  found  qualified  in  respect  to 
good  moral  character,  learning  and  ability  to  instruct  and 
govern  a  school,  but  no  certificate  shall  be  granted  to  any 
person  who  shall  not  have  passed  a  satisfactory  examina- 
tion in  orthography,  reading,  writing,  grammar,  geography, 
arithmetic,  theory  and  art  of  teaching,    United    States    his- 
tory, civil  government,  physiology  and  hygiene  with  refer- 
ence to  the  effect  of  alcoholic  drinks  and  narcotics  upon  the 
human  system,  school  law,  agriculture,  and  the    course    of 
study  for  the  district  schools  of  Michigan  prepared  by  the 
superintendent  of  public  instruction :    Provided,  That  no  cer- 
tificate shall  be  granted  under  the  provisions  of  this  act  to 
any  person  who  shall  not  have  completed  a  term  of  at  least 
six  weeks'  work  in  professional  training  in  a  state  normal 
school  or  in  one  of  the  county  normal  training  classes  of  the 
state  or  any  normal  training  school  conducted  by  any  mu- 
nicipality in  the  state,  or  in  any  school  approved    by    the 
state  superintendent  of  public  instruction;  but  the  comple- 
tion of  one-half  year  of  work  in  a  school  maintaining  four 
years  of  work  above  high  school  rank  shall  be  accepted  in 
lieu  of  this  requirement.     This  proviso,  however,  shall  not 
apply  to  persons  who  have  taught  in  the  schools  of  the  state 
for  at  least  five  months  prior  to  July  one,  nineteen  hundred 
sixteen :    Provided  further,  That  no  certificate  shall  be  grant- 
ed under  the  provisions  of  this  a.ct  to  any  person  who,  hav- 
ing arrived  at  the  age  of  twenty-one  years,  is  not  a  citizen  of 
the  United  States:     Provided    further,    That    any    commis- 
sioner may,  upon  the  request  of  any  holder  of  a  second  or 
third  grade  certificate,   send  the  papers    written    by    such 
person,  properly  certified  and    under    seal,    to    the    county 


GENERAL    SCHOOL    LAWS.  107 

board  of  school  examiners  of  any  other  county  for  its  ex- 
amination, and  such  board  of  school  examiners  may  in  its 
discretion,  receive  such  papers  and  if  it  accept  them  shall 
treat  them  in  the  same  manner  as  if  written  at  a  public  ex- 
amination in  its  own  county :  Provided  further,  That  the  Further 
board  of  examiners  shall  have  the  right  to  renew  without  p 
examination  the  certificates  of  any  persons  who  shall  have 
previously  attained  an  average  standing  of  at  least  eighty- 
five  per  cent  in  all  the  studies  covered  in  two  or  more  previ- 
ous examinations,  and  who  shall  have  been  since  such  last 
named  examination  continuously  and  successfully  teaching 
in  the  public  schools:  Provided  further,  That  an  indorsed 
first  grade  certificate  may  be  renewed  in  the  county  where 
issued  or  in  the  county  where  the  holder  may  be  teaching 
at  the  time  of  its  expiration.  All  certificates  shall  be  signed 
by  the  county  commissioner  and  by  at  least  one  of  the  mem- 
bers of  the  board  of  examiners.  No  person  shall  be  consider- 
ed a  qualified  teacher  within  the  meaning  of  this  act,  nor 
shall  any  school  officer  employ  or  contract  with  any  person 
to  teach  in  any  of  the  public  schools  under  the  provisions 
of  this  act  who  has  not  a  certificate  in  force  granted  by  the 
board  of  school  examiners  or  other  lawful  authority.  All  Questions. 
examination  questions  shall  be  prepared  and  furnished  by 
the  superintendent  of  public  instruction  to  the  county  com- 
missioner under  seal,  to  be  opened  in  the  presence  of  the  ap- 
plicants for  certificates  on  the  day  of  examination. 

Am.  1901,  Act  99  :  1905,  Act  148  :  1911,  Act  20  ;  1913,  Act  231 ;  1915,  Act  7. 

People  v.   Howlett,  94/170;   O'Leary   v.   Sch.  Dist.,   118/469. 

A  contract  is  invalid,  unless  the  teacher,  at  the  time  of  making  the  same, 
has  a  certificate  authorizing  her  to  teach  during  the  term  covered  by  the  con- 
tract.— McClosky  v.  School  Dist.  No.  5,  134/235. 

(2G1)     §  5882.    SEC.  6.    There  shall  be  three  grades  of  cer-  Grades  of 
tificates  granted  by  the  board  of  school  examiners  in  its  dis-  certlficates- 
cretion  and  subject  to  such  rules  and  regulations  as  the  su- 
perintendent   of    public    instruction    may    prescribe,    which 
grades  of  certificates  shall  be  as  follows :    The  certificate  of  First  grade. 
the  first  grade  shall  be  granted  only  to  those  who  have  taught 
at  least  one  year  with  ability  and  success,  and  it  shall  be 
valid  throughout  the  state  for  four  years:     Provided,  That  Proviso. 
all  examination  papers  for  first  grade  certificates  favorably 
passed  upon  by  the  board  of  examiners,  together  with  such 
certificate,  shall  be  forwarded  to  the  superintendent  of  public 
instruction  within  ten  days  from  date  of  examination  for 
inspection:    Provided  further,  That  any  applicant  for  a  first  Further 
grade  certificate  who  feels  that  the  county  board  of  school  Provlso- 
examiners  has  not  given  his  papers  the  credit  due  them,  may 
order  them  sent  to  the  state  superintendent  of    public    in- 
struction for  inspection;  and  if  the  standings  given  by  the 
state  superintendent  of  public  instruction  are  sufficient  for 
his  indorsement  of  the  certificate,  the  county  board  of  school 
examiners  shall  issue  such  certificate,  unless  it  shall  give  rea- 
sons satisfactory  to  the  superintendent  of  public  instruction 


108 


STATE    OP    MICHIGAN. 


Further  pro- 
viso, how 
validated 
outside 
county. 


Second 
grade. 


Third  grade. 
Class  A. 

Class  B. 


Proyiso, 
April  ex#m- 
ination. 

Further  pro- 
viso, personal 
examination. 


Revocation  of 
certificates. 


for  withholding  the  same:  And  Provided  further,  That  no 
first  grade  certificate  shall  be  valid  in  any  county  other  than 
that  in  which  it  is  granted,  unless  approved  and  counter- 
signed by  the  superintendent  of  public  instruction  and  a  copy 
filed  with  the  county  commissioner  in  the  county  in  which 
the  holder  of  said  certificate  desires  to  teach.  The  certificate 
of  the  second  grade  shall  be  granted  only  to  those  who  shall 
have  taught  at  least  seven  months  with  ability  and  success, 
and  it  shall  be  valid  throughout  the  county  for  which  it  shall 
be  granted  for  three  years,  and  such  certificate  may  be  trans- 
ferred to  another  county  as  provided  in  section  five  of  this 
act.  The  certificates  of  the  third  grade  shall  be  divided  into 
two  classes  known  as  A  and  B.  Third  grade  certificates  of 
class  A  shall  be  granted  only  to  persons  who  have  taught  suc- 
cessfully and  continuously  for  at  least  three  years  next  pre- 
ceding the  examination  in  primary  departments  of  graded 
schools,  and  the  certificate  of  this  class  shall  entitle  the 
holder  to  teach  in  primary  departments  of  graded  schools 
only.  Third  grade  certificates  of  class  B  shall  license  the 
holder  to  teach  in  any  school  of  the  county  in  which  it  shall 
be  granted  for  one  year,  and  such  certificate  may  be  trans- 
ferred to  another  county  in  the  same  manner  that  second 
grade  certificates  are  transferred  in  section  five  of  this  act; 
but  no  more  than  three  certificates  of  this  class  shall  be 
granted  to  the  same  person:  Provided,  That  third  grade  cer- 
tificates granted  at  the  April  examination  shall  be  good  until 
the  thirtieth  day  of  June  of  the  following  year:  Provided 
further,  That  the  county  commissioner  shall  have  power, 
upon  personal  examination  in  the  third  grade  branches  satis- 
factory to  himself  or  herself,  to  grant  certificates  which  shall 
license  the  holder  thereof  to  teach  in  a  specified  district  for 
which  it  shall  be  granted,  but  such  certificate  shall  not  con- 
tinue in  force  beyond  the  time  of  the  next  public  examina- 
tion, and  in  no  case  shall  a  second  special  certificate  be 
granted  the  same  person  within  three  years. 

Am.  1901,  Act  99  ;   1905,  Act  148  ;   1911,  Act  20. 

CERTIFICATES :  A  certificate  issued  to  one  who  has  not  taken  an  ex- 
amination at  all  and  whose  qualifications  are  not  ascertained  upon  an  exam- 
ination, is  not  such  a  certificate  as  the  law  provides  for. — People  v.  Hewlett, 
94  / 170-1.  The  action  of  the  board  of  examiners  in  refusing  a  certificate 
cannot  be  questioned  by  the  rejected  applicant  in  a  suit  to  recover  wages 
she  would  have  earned  under  her  contract  but  for  such  adverse  action. — 
Lee  v.  Sch.  Dist.,  71/361.  A  certificate,  issued  for  three  years,  cannot  be 
legally  extended  by  the  secretary,  by  being  changed  to  read  for  four  years, 
after  the  board  of  examiners  who  issued  it  have  gone  out  of  office. — Bryan  v. 
Sch.  Dist.,  Ill  /  67. 

SPECIAL  CERTIFICATES:  The  secretary  of  the  board  (under  the  old 
law)  had  no  right,  after  the  refusal  of  the  board  to  grant  a  certificate,  to 
issue  a  special  certificate  to  the  rejected  applicant. — Lee  v.  Sch.  Dist.,  71  / 
361.  The  object  of  a  special  certificate  is  to  bridge  over  the  time  between  the 
commencement  of  a  school  and  the  next  meeting  of  the  examiners  and  such 
a  certificate  has  life  only  until  the  next  regular  examination. — Id. ;  People 
v.  Hewlett,  94/170. 

(262)  §  5883.  SEC.  7.  The  board  of  school  examiners 
may  suspend  or  revoke  any  teacher's  certificate  issued  by 
them  for  neglect  of  duty,  incompetency,  or  immorality,  or 
for  any  other  reason  which  would  have  justified  said  board 


GENERAL    SCHOOL    LAWS.  109 

in  withholding  the  same  when  given,  and  said  board  may  sus- 
pend   the   effect    of  any  teacher's  certificate  granted  by  the 
county    commissioner   of   schools   which    said    certificate   li- 
censes the  holder  thereof  to  teach  in  a  specified  district  for 
which  it  shall  be  granted.     Whenever  written  charges  accus-  Duty  of  com- 
ing any  teacher  of  neglect  of  duty,  incompetency,  or  inmior-  wieTcharges 
ality  shall  be  filed  with  the  county  commissioner  of  schools,  preferred. 
said    commissioner    shall    immediately  notify   said  accused 
teacher  that  charges  have  been  filed  against  him  and  shall 
attach  to  such  notice  a   certified  copy  of  said  charges  to- 
gether witli  the  name  or  names  of  the  person  or  persons  filing 
the  same,  and  said  commissioner  may,  and  on  the  written  de- 
mand of  the  accused  teacher  shall,  within  twenty  days  after 
the  filing  of  said  charges,  call  a   meeting  of  the  board  of 
school    examiners    of    the    county    and    shall    summon    the 
teacher,  against  whom  charges  have  been  preferred,  and  also 
summon  any  witnesses  who  may  have  knowledge  of  the  facts, 
to  appear  before  said  board  of  examiners  on  the  date  men- 
tioned in  the  summons.     Said  summons  shall  have  the  force 
of  a  summons  or  subpoena  at  law.     On  the  day  set  for  the  Duty  of 
meeting  of  the  board  of  examiners,  said  board  shall  proceed  hearing1 
to  hear  the  case.     The  chairman  of  said  board  shall  have  au- 
thority to  administer  an  oath  to  the  several  witnesses  and 
examine  them   under   oath   if  he   deems   it   advisable.     The 
board    of    examiners    shall    proceed    to    examine    the    party 
charged  and  the  witnesses  for  and  against  said  party,  and  if 
it  shall  appear  that  the  charges  made  are  true,  then  the  said 
board   shall  have   authority   to   suspend  or  revoke  the  cer- 
tificate of  the  accused :    Provided,  That  no  certificate  shall  Proviso, 
be  suspended  or  revoked  without  a  personal  hearing,  unless 
the  holder  thereof  shall,  after  a  reasonable  notice,  neglect  or 
refuse  to   appear  before  the  said  board  for  that  purpose: 
And  Provided  further,  That  any  person  summoned  to  appear  Proviso  as 
before  the  board  of  examiners  for  the  purposes  mentioned  PeanrancaePof 
herein  and  who  shall  fail  to  appear  before  said  board  on  the  Person 

-,  •  .£»     -I    •       j_i  1-1-111  summoned. 

day  specified  in  the  summons,  shall  be  deemed  guilty  of  a 
misdemeanor,  and  upon  conviction  in  any  court  of  competent 
jurisdiction,  shall  be  fined  a  sum  not  less  than  five  dollars 
nor  more  than  twenty-five  dollars,  or  by  imprisonment  in 
the  county  jail  for  not  more  than  twenty  days  or  both  such 
fine  and  imprisonment  in  the  discretion  of  the  court.  The  Temporary 
county  commissioner  of  schools  in  any  county  shall  have  au-  S?8St°en  ° 
tliority  to  temporarily  suspend  the  force  of  any  teacher's  cer- 
tificate when  from,  his  personal  inspection  of  the  work  of 
said  teacher,  or  from  his  personal  knowledge,  he  is  satisfied 
that  such  teacher  has  been  guilty  of  wilful  neglect  of  duty  or 
is  incompetent  to  instruct  or  govern  the  school,  or  has  been 
guilty  of  gross  immorality.  The  county  commissioner  of  TO  summon 
schools  shall,  upon  suspending  the  force  of  any  teacher's  cer- 
tificate,  immediately,  and  within  ten  days  thereafter,  call  a 
meeting  of  the  board  of  school  examiners  and  summon  said 


110 


STATE    OF    MICHIGAN. 


teacher  to  appear  before  said  board  to  show  cause  why  his 
or  her  certificate  should  not  be  indefinitely  suspended  or  re- 
Proviso,  voked :  Provided  further,  however,  That  it  shall  be  the  duty 
deSfion.  of  tlie  board  of  school  examiners  to  file  in  the  office  of  the 
county  school  commissioner  its  decision  within  ten  days  after 
the  close  of  any  hearing  above  mentioned,  and  it  shall  be  the 
duty  of  the  county  school  commissioner  within  five  days  after 
the  filing  of  said  decision  to  mail  a  copy  thereof  to  said 
teacher:  Provided  further,  however,  That  any  teacher  who 
feels  aggrieved  at  the  decision  of  the  county  board  of  school 
examiners  may,  within  twenty  days  after  the  filing  of  such 
decision,  take  an  appeal  to  the  probate  court  of  said  county, 
who  is  hereby  authorized  to  hear  and  determine  said  cause. 

Am.  1907,  Act  127. 

Carver  v.  Sch.  Dist.,  113  /  524. 

IMMORALITY:  A  communication  representing  that  a  certain  person  was 
of  bad  moral  character  and  unfit  to  have  the  care  of  a  school,  made  in  good 
faith  for  the  purpose  of  preventing  such  person's  teaching  the  school,  is 
privileged  and  is  justified  by  proof  that  he  is  a  blasphemer,  habitually  pro- 
fane and  a  Sabbath-breaker. — Wieman  v.  Mabee,  45  /  484. 


Proviso, 
appeal  to 
probate 
court. 


Duty  of 
commissioner. 


Examina- 
tions, certifi- 
cates, etc. 


Fee. 


Record  of 
certificates. 


List  of 

authorized 

teachers. 


Examina- 
tions. 


(263  )  §  5884.  SEC.  8.  It  shall  be  the  duty  of  the  county 
commissioner : 

First,  Immediately  after  his  or  her  qualification  as  com- 
missioner, to  send  notice  thereof  to  the  superintendent  of  pub- 
lic instruction; 

Second,  To  keep  a  record  of  all  examinations  held  by  the 
board  of  school  examiners  and  to  sign  all  certificates  and 
other  papers  and  reports  issued  by  the  board,  and  to  keep 
a  record  of  all  meetings  of  the  board  of  examiners  and  of  all 
hearings  for  the  suspension  or  revocation  of  any  teacher's 
certificate,  and  to  call  meetings  of  the  board  of  examiners 
at  such  other  times  than  those  mentioned  in  section  five  of 
this  act  as  he  may  deem  best; 

Third,  To  receive  the  institute  fee  provided  by  law  and  to 
pay  the  same  to  the  county  treasurer  quarterly,  beginning 
September  thirtieth  in  each  year; 

Fourth,  To  keep  a  record  of  .all  certificates  granted,  sus- 
pended, revoked  or  transferred  by  the  said  board  or  commis- 
sioner, showing  to  whom  issued,  together  with  the  date, 
grade,  duration  of  each  certificate,  and,  if  suspended  or  re- 
voked, with  the  date  and  the  reason  therefor; 

Fifth,  To  furnish,  previous  to  the  third  Monday  in  July  in 
each  year,  to  the  township  clerk  of  each  township  in  the 
county,  and  to  each  of  the  officers  of  every  school  district  in 
the  county,  a  list  of  all  persons  legally  authorized  to  teach  in 
the  county  at  large  during  the  preceding  school  year,  and  in 
such  township,  with  the  date  and  term  of  each  certificate, 
and  if  any  have  been  suspended  or  revoked,  the  date  of  such 
suspension  or  revocation; 

Sixth,  To  visit  each  of  the  schools  of  the  county  at  least 
once  in  each  year  and  to  examine  carefully  the  discipline,  the 
mode  of  instruction,  the  text  books  used,  the  apparatus  be- 


GENERAL  SCHOOL  LAWS.  Ill 

longing  to  the  school,  the  library,  the  progress  and  the  profi- 
ciency of  the  pupils,  the  skill  and  efficiency  of  the  teacher, 
the  condition  of  the  school  property,  and  whether  the  attend- 
ance at  school  is  in  compliance  with  law,  and  to  make  a  care- 
ful record  of  these  items  and  report  the  same  to  the  director 
of  each  district :    Provided,  That  in  counties  containing  one  Proviso, 
hundred  or  more  schoolrooms,  the  commissioner  of  schools  is 
bereby  authorized  to  appoint  a  clerk,  who  shall  perform  such 
duties    as    said   commissioner   shall    direct,    except   visiting 
schools :   Provided  further,  In  counties  having  from  one  hun-  Further 
dred  to  one  hundred  and  fifty  schoolrooms  the  whole  expense  pl 
incurred  for  such  clerk  shall  not  exceed  three  hundred  dol- 
lars in  any  one  year  and  in  counties  having  more  than  one 
hundred  and   fifty  schoolrooms  the  whole  expense  incurred 
for  such  clerk  shall  not  exceed  four  hundred  dollars  in  any 
one  year :    Provided  further,  That  nothing  in  this  act  con-  Further 
tained  shall  operate  to  restrict  the  board  of  supervisors  of  pl 
any  county  from  paying  such  greater  sums  than  herein  pro- 
vided as  said  boards  may  deem  just  and  necessary; 

Seventh,  To  counsel  with  the  teachers  and  school  boards  as 
to  the  course  of  study  to  be  adopted  and  pursued,  and  as  to 
any  improvement  in  the  discipline,  instruction  and  manage- 
ment of  the  school,  and  he  may  examine  and  audit  the  books 
and  the  records  of  any  school  district  at  any  time  when  di- 
rected to  do  so  by  the  superintendent  of  public  instruction  or 
by  application  of  any  school  board; 

Eighth,  To  promote  by  such  means  as  he  or  she  may  de-  institutes,  etc. 
vise,  the  improvement  of  the  schools  in  the  county,  and  the 
elevation  of  the  character  and  qualifications  of  the  teachers 
and  officers  thereof,  and  act  as  assistant  conductor  of  in- 
stitutes appointed  by  the  superintendent  of  public  instruc- 
tion, and  perform  such  other  duties  pertaining  thereto  as 
said  superintendent  shall  require; 

Ninth,   To  receive  the  duplicate  annual  reports  of  the  sev-  TO  examine 
eral   township   clerks,  examine  into  the   correctness   of  the reports- 
same,  requiring  them  to  be  amended  when  necessary,  endorse 
his  or  her  approval  upon  them,  and  immediately  thereafter, 
and  before  the  fifteenth  day  of  September  in  each  year,  trans- 
mit to  the  superintendent  of  public  instruction  one  copy  of 
each   of   said   reports   and   file  the  other  in  the  office  of  the 
county  clerk; 

Tenth,  To  be  subject  to  such  instruction  and  rules  as  the 
superintendent  of  public  instruction  may  prescribe,  to  receive 
all  blanks  and  communications  that  may  be  sent  to  him  or 
her  by  the  superintendent  of  public  instruction,  and  to  dis- 
pose of  the  same  as  directed  by  the  said  superintendent,  and 
to  make  annual  reports  at  the  close  of  the  school  year  to  the 
superintendent  of  public  instruction  of  his  or  her  official 
labors,  and  of  the  schools  of  the  county  together  with  such 
other  information  as  may  be  required; 

Eleventh,  To  perform  such  other  duties  as  may  be  required 


112 


STATE    OF    MICHIGAN. 


of  him  or  her  by  law,  and  at  the  close  of  the  term  of  office  to 
deliver  all  records,  books,  and  papers  belonging  to  the  office 
to  his  or  her  successor. 

Am.   1901,   Act  99;   1905,  Act  148;    1907,   Act  127;    1909,   Act   264;    1911, 
Act  144. 

Section  9    was  repealed,    1909,    Act   222. 


Compensa- 
tion of  com- 
missioner, 
how  fixed. 


Per  diem  of 

school 

examiners. 


Clerk. 
How  paid. 


Proviso. 


Further 
proviso, 
detailed 
statement. 


(264)  §  5885.  SEC.  10.  The  compensation  of  each  county 
commissioner  of  schools  shall  be  determined  by  the  board 
of  supervisors  of  each  county,  respectively,  but  the  compen- 
sation shall  not  be  fixed  at  a  sum  less  than  five  hundred  dol- 
lars per  annum  in  any  county  where  there  are  thirty  school- 
rooms; at  not  less  than  seven  hundred  fifty  dollars  per 
annum  where  there  are  more  than  seventy  schoolrooms;  at 
not  less  than  one  thousand  dollars  per  annum  where  there 
are  one  hundred  schoolrooms  and  not  less  than  twelve  hun- 
dred dollars  where  there  are  one  hundred  twenty-five  school- 
rooms ;  not  less  than  thirteen  hundred  fifty  dollars  where  there 
are  one  hundred  fifty  schoolrooms;  not  less  than  fifteen  hun- 
dred dollars  where  there  are  one  hundred  seventy-five  school- 
rooms; not  less  than  two  thousand  dollars  per  annum  where 
there  are  over  three  hundred  schoolrooms;  in  estimating 
the  number  of  schoolrooms  in  any  county,  all  graded  schools 
whether  operating  under  a  general  or  special  charter  shall 
be  included.  Each  member  of  the  board  of  school  examiners, 
other  than  the  county  commissioner,  shall  receive  four  dol- 
lars for  each  day  actually  employed  in  the  duties  of  his  of- 
fice and  his  actual  and  necessary  traveling  expenses  incurred 
in  the  discharge  of  his  official  duties  in  his  own  county. 
The  compensation  of  any  clerk  when  appointed  as  provided 
in  this  act  shall  be  determined  by  the  county  commissioner. 
The  compensation  of  members  of  the  county  board  of  school 
examiners  and  of  any  clerk  appointed  by  the  county  commis- 
sioner shall  be  paid  monthly  from  the  county  treasury  upon 
such  examiner  or  clerk  filing  with  the  county  clerk  a  certi- 
fied statement  of  his  or  her  account  which  shall  give  in  sep- 
arate items  the  nature  and  amount  of  the  service  for  which 
compensation  is  claimed.  The  compensation  of  the  county 
commissioner  shall  be  paid  monthly  from  the  county  treas- 
ury :  Provided,  That  in  no  case  shall  the  county  commission- 
er receive  any  order  for  compensation  from  the  county  clerk 
until  he  has  filed  a  certified  statement  from  the  superintend- 
ent of  public  instruction  that  all  reports  required  of  the 
county  commissioner  have  been  properly  made  and  filed  with 
said  superintendent:  Provided  further,  That  no  county  com- 
missioner shall  receive  an  order  for  compensation  until  he 
shall  have  filed  with  the  county  clerk  a  detailed  statement 
under  oath  showing  what  schools  have  been  visited  by  him 
during  the  preceding  month  and  what  amount  of  time  was 
employed  in  each  school,  naming  the  township  and  school 
district.  The  actual  and  necessary  traveling  expenses  of  the 
commissioner  incurred  in  the  discharge  of  his  official  duties 


GENERAL    SCHOOL    LAWS.  113 


in  his  own  county  and  the  necessary  and  all  contingent  ex- 
penses for  printing,  postage,  stationery,  record  books,  grad- 
ing registers,  telephone  rental,  rent  of  rooms  for  public  ex- 
aminations, teachers'  or  school  officers'  meetings,  shall  be 
audited  and  allowed  by  the  board  of  supervisors  or  the  coun- 
ty board  of  auditors. 

Am.  1905,  Act  148;  1909,  Act  247;  1911,  Act  144;  1913,  Act  231;  1917, 
Act  21. 

ASSISTANT  VISITOR  :  Mandamus  to  compel  the  payment  of  an  assistant 
visitor  of  schools  for  services  rendered  under  this  act,  was  denied,  when 
the  commissioner  had  not  determined  the  compensation  as  required. — Hicks 
v.  Wayne  Co.  Auditors,  97/611. 

(205)  §  5886.  SEC.  11.  No  superintendent  of  public  in- 
struction,  instructor  at  institute,  county-  commissioner  or  ex- 
aminer, shall  act  as  agent  for  the  sale  of  any  school  furni- 
ture, text-books,  maps,  charts  or  other  school  apparatus. 

(266)  §  5887.     SEC.  12.     Whenever  by  death,  resignation 
or  removal  from  office,  or  otherwise,  a  vacancy  shall  occur  in 
,the  office  of  county  commissioner  of  schools,  the  county  clerk 
shall  issue  a  call  to  the  board  of  supervisors  of  the  county 
and  said  board  shall  meet  at  the  office  of  the  county  clerk  on 
a  date  to  be  named  in  said  notice,  not  more  than  ten  days 
from  the  date  of  such  notice,  and  said  board  shall  appoint  a 
person  who  is  qualified  according  to  statute  to  fill  the  va- 
cancy for  the  unexpired  portion  of  the  term  of  office. 

Am.  1909,   Act  222. 

(267)  §  5888.     SEC.  13.     The  officers  of  every  school  dis- T*«B,  em- 
trict,  except  as  hereinafter  provided,  which  is,  or  shall  here- 
after be,  organized  in  whole  or  in  part  in  any  city  or  village 

in  this  state,  which  is  incorporated  under  the  general  laws 
or  by  special  enactment,  in  which  enactment  special  provi- 
sions exist  in  regard  to  licensing  teachers,  shall  employ  only 
such  teachers  as  are  legally  qualified  under  the  preceding  sec- 
tions of  this  act :  Provided,  That  in  incorporated  cities  em- 
ploying  a  principal  of  the  high  school  and  also  a  superin- 
tendent of  schools  who  gives  not  less  than  one-third  of  his 
or  her  time  to  school  supervision,  the  superintendent  of 
schools  and  the  board  of  education  or  a  committee  thereof 
shall  be  empowered  to  examine  their  teachers  and  grant  certifi- 
cates to  such  as  are  not  already  legally  qualified,  at  such 
times  and.  in  such  form  as  the  superintendent  of  public  in- 
struction shall  prescribe :  Provided  further,  That  no  teacher 
shall  be  licensed  to  teach  in  any  school  or  schools  of  this  state 
by  any  officer,  board  or  other  authority,  including  every 
school  or  school  district,  regardless  of  whether  existing  or 
created  under  general  or  special  law,  unless  the  license  or 
certificate  is  granted  at  such  times  and  in  accordance  with 
such  terms  and  conditions  as  shall  be  prescribed  by  the  su- 
perintendent of  public  instruction  :  Provided  further,  That  Further 
cities  having  a  special  and  thoroughly  equipped  normal  train-  P1 
ing  department,  under  control  of  a  special  training  teacher, 
15 


114 


STATE    OP    MICHIGAN. 


such  school  having  a  course  of  not  less  than  one  year,  shall 
be  exempt  from  the  provisions  of  this  section  as  to  the  exami- 
nation of  teachers.  Any  board  of  education  that  shall  violate 
the  provisions  of  this  act  by  employing  a  teacher  who  is  not 
legally  qualified,  shall  forfeit  such  a  proportion  of  the  pri- 
mary school  interest  fund  as  the  number  of  unqualified  teach- 
ers employed  bears  to  the  whole  number  of  teachers  employed 
in  the  district.  All  school  districts  organized  by  special 
enactments  shall,  through  their  .proper  officers,  make  such 
reports  as  the  superintendent  of  public  instruction  may  re- 
quire. 

Am.  1901,  Act  99;  1911,  Act  146. 

Section  14  repeals  "all  acts  or  parts  of  acts  conflicting  with   the  provisions 
of  this  act."     As  to  one  effect  of  this  repeal,  see  Perrizo  v.   Kesler,  93  /  284. 


Duty  of  state 
superintend- 
ent of  public 
instruction. 


County  com- 
missioner of 
schools  shall 
give  notice  of 
examination. 


Examina- 
tion, how 
conducted. 


EXAMINATION  FOR  ADMISSION  TO  AGRICULTURAL  COLLEGE. 

An  Act  to  provide  for  the  examination  of  candidates  for  admission  to 
the  agricultural  college  by  county  commissioners  of  schools. 

[Act  101,  P.  A.  1895.] 

The  People  of  the  State  of  Michigan  enact: 

(268)  §  5890.     SECTION  1.     That  it  shall  be  the  duty  of 
the  state  superintendent  of  public  instruction  to  secure,  at 
least  twice  each  year,  from  the  president    of    the    Michigan 
agricultural  college,  a  set  of  examination  questions  in  all  the 
studies  required  for  admission  to  said  college.    It  shall  also 
be  the  duty  of  the  state  superintendent  of  public  instruction 
to  send  a  printed  list  of  said  examination  questions  to  each 
county  commissioner  of  schools. 

(269)  §  5891.     SEC.  2.     It  shall    be    the    duty    of    each 
county  commissioner  of  schools  to  give  public  notice  of  this 
examination  at  the  time  of  all  regular  teachers'  examinations, 
and  to  submit  the  questions  aforesaid  to  any  candidate  who 
may  desire  to  enter  the  agricultural  college.     The  examina- 
tion shall  be  conducted  in  the  same  manner  as  are  the  regular 
teachers'  examinations  of  the  county.    The  work  of  each  and 
every  candidate,  together  with  the  name  and  address,  shall 
be  forwarded  by  the  commissioner,  within  five  days  from  the 
date  of  the  examination,  to  the  president  of  the  college,  who 
shall  examine  and  grade  the  answers  and  report  to  the  can- 
didate within  five  days  of  the  receipt  of  the  paper  the  result 
of  the  examination.    A  standing  of  seventy  per  cent  in  each 
branch  will  admit  to  freshman  class  of  the  college  without 
further  examination. 


GENERAL    SCHOOL    LAWS.  115 


MEETING  OF  SCHOOL  OFFICERS  OF  COUNTY. 

An  Act  to    authorize   the  county   commissioner   of   schools   in   each 
county  to  call  a  meeting  of  the  school  officers  of  the  county. 

[Act  112,   P.  A.   1909.] 

The  People  of  the  State  of  Michigan  enact: 

(270)  §  5820.     SECTION  1.     Each  county  commissioner  of  Meeting  of 
schools  in  the  state  of  Michigan  shall  call  a  meeting  of  the  officers  of 
school  officers  of  his  county  at  least  once  in  each  year,  said  county- 
meeting  to  be  held  at  the  county  seat  or  some  other  conveni- 
ent place  in  the  county  for  the  purpose  of  consultation,  ad- 
vice and  instruction  upon  matters  pertaining  to  the  manage- 
ment and  welfare  of  the  public  schools  of  the  county.     The 

call  for  said  meeting  shall  include  every  board  of  education 
in  the  county,  whether  rural  or  city. 

(271)  §  5821.     SEC.  2.    The  director  or  secretary  of  each 
school  board  or  board  of  education  shall  attend  such  meet- 
ing  and  the  other  members  of  each  board  of  education  may 

attend.    One  member  of  the  school  board  or  board  of  educa-  Per  diem  and 

tion  who  attends  such  meeting  shall  be  allowed  and  paid  e) 

two  dollars  per  day  and     jtual  traveling  expenses  going  to 

and  returning  from  said  meeting,  said  sum  to  be  paid  from 

the  general  fund  in  the  treasury  of  the  school  district.    The  Certificate  of 

,  J     ,     ,,    .  attendance. 

county  commissioner  of  schools  shall  issue  to  each  member 
in  attendance  a  certificate  of  attendance  which  shall  be  filed 
with  the  director  or  secretary  of  the  board,  and  when  filed 
shall  serve  as  a  basis  of  evidence  for  drawing  the  order  for 
compensation  and  expenses  of  one  member  of  the  board. 

(272)  §  5822.    SEC.  3.    It  shall  be  the  duty  of  the  super-  gjfS^*^ 
intendent  of  public  instruction  to  assist  the  county  commis-  instruction, 
sioner  of  schools  in  conducting  said  meeting  of  school  offi-  duty  of> 
cers,  and  he  shall  attend  said  meeting  either  in  person  or 

by  representative. 


TOWNSHIP  SCHOOL  DISTRICTS. 

An  Act  to  provide  for  the  organization  of  township  school  districts 
in  the  state  of  Michigan. 

[Act  117,   P.  A.  1909.] 

The  People  of  the  State  of  Michigan  enact: 

(273)     §  5909.     SECTION  1.     Whenever  a  majority  of  the  single  school 
qualified  school  electors  in  any  organized  township  votes  in 
favor  of  organizing  said  township  into  a  single  school  dis- 
trict, such  township  shall,  after  the  second  Monday  in  July 


116 


STATE    OF    MICHIGAN. 


Petition  of 
electors. 


Township 
clerk  to  call 
meeting. 


thereafter,  be  a  single  school  district  and  shall  be  governed 
by  the  provisions  of  this  act,  and  in  case  there  are  one  or 
more  graded  school  districts  in  the  township  having  a  popu- 
lation of  nine  hundred  or  less,  the  qualified  school  electors  in 
such  graded  districts  shall  have  the  right  to  sign  the  peti- 
tion hereinafter  mentioned,  and  vote  on  the  question  of  the 
establishment  of  such  township  district,  and  such  graded 
districts  shall  become  a  part  of  the  township  district.  The 
question  of  changing  any  organized  township  into  a  single 
school  district  to  be  governed  by  the  provisions  of  this  act, 
shall  not  be  submitted  to  the  qualified  school  electors  of  said 
township  until  a  petition  therefor,  signed  by  one-fourth  of 
the  qualified  school  electors  of  such  township,  requesting 
the  submission  of  such  proposition,  shall  be  filed  in  the  office 
of  the  township  clerk.  Upon  the  receipt  and  filing  of  such 
petition,  it  shall  be  the  duty  of  the  township  clerk  to  call  a 
meeting  of  the  township  board  and  it  shall  be  the  duty  of 
the  township  board  of  such  township  to  attend  such  meet- 
ing, which  shall  be  held  not  more  than  five  days  after  the 
filing  of  such  petition.  It  shall  be  the  duty  of  the  said  town- 
ship board  at  such  meeting  to  consider  the  said  petition  with 
the  names  appearing  thereon,  and  if  it  be  found  and  deter- 
mined that  one-fourth  of  the  qualified  school  electors  of 
said  township  have  signed  the  said  petition  requesting  that 
the  said  township  of  which  they  are  residents  be  organized  as 
a  single  school  district  under  the  provisions  of  this  act,  it 
shall  be  the  duty  of  the  township  board  to  call  an  election 
at  which  the  question  of  the  organization  of  the  said  town- 
ship into  a  single  school  district  shall  be  submitted  to  the 
qualified  school  electors  of  such  township.  Such  election 
shall  be  called  by  the  tow-nsjiip  board  within  thirty  days 
after  the  meeting  of  the  township  board  at  which  it  is  de- 
termined that  the  petition  herein  provided  for  is  sufficient: 
Provided,  however,  That  if  any  such  petition  is  determined 
to  be  sufficient  not  more  than  -four  months  and  not  less  than 
twenty  days  prior  to  the  annual  township  election,  such 
question  shall  be  submitted  at  the  annual  township  election. 
Notice  of  such  election,  whether  it  be  of  a  special  or  of  the 
annual  election,  shall  be  given  by  the  township  board  by  post- 
ing notices  thereof  in  at  least  five  public  places  in  the  town- 
ship and  at  least  one  notice  in  each  organized  school  district 
in  the  township,  which  notice  shall  state  that  at  such  elec- 
tion, giving  the  date,  the  question  of  the  organization  of  the 
township  into  a  single  school  district  shall  be  submitted  to 
the  qualified  school  electors  of  the  township.  The  ballots 
upon  which  such  question  shall  be  submitted  shall  be  in  the 

following  form :     Shall  (name  of  township) 

township  be  organized  into  a  single  school  district?  [  ] 
Yes.  Shall  (name  of  township)  town- 
ship be  organized  into  a  single  school  district  ?  [  ]  No.  Each 
ballot  which  has  a  cross  marked  in  the  square  to  the  left  of 


Election. 


Proviso. 


Notice  of 
election. 


Ballots,  form, 
etc. 


GENERAL    SCHOOL    LAWS.  117 

the  word  "Yes"  on  any  such  ballot  shall  be  counted  in  favor 
of  the  organization  of  such  township  into  a  single    school 
district,  and  each  ballot  which  has  a  cross  marked  in  the 
square  to  the  left  of  the  word  "No"  shall  be  counted  against 
the  organization  of  such  township  into  a  single  school  district. 
Any  such  election  shall  be  conducted  by  the  township  board 
of  election  inspectors  in  the  same  manner  in  all  respects  and 
the  ballots  shall  be  taken,  counted,    and    canvassed    in    the 
same  manner  that  is  now  provided  for  the  counting  of  bal- 
lots under  the  general  election  law.     If  a  majority  of  the 
school  electors  of  such  township  voting  at  such  election  votes 
in  favor  of  the  proposition,  such  township  shall,  after  the 
second  Monday  in  July  subsequent  to  such  election,  be  con- 
sidered a  single  school  district  and  shall  be  governed  by  the 
provisions  of  this  act.    Whenever  a  majority  of  the  qualified 
school  electors    of    any    township    votes  in  favor  of  the  or- 
ganization of  any  township  into  a  single  school  district  it 
shall  be  the  duty  of  the  township  board  to  call  a  township 
election  for  the  second  Monday  in  July,  at  which  election  the 
trustees  for  the  township  school  district  shall  be  elected  by 
the   qualified   school   electors   of   such    township.     Notice  of  Notice, 
such  election  shall  be  given  by  the  township  board  by  post- 
ing notices  thereof  in  at  least  five  public  places  in  the  town- 
ship and  at  least  one  notice  in  each  organized  school  district 
that  on  the  second  Monday  in  July  following  trustees  for 
the  township  school  district  will  be  elected,  and  it  shall  be 
the  duty  of  the  township  board  of  election  inspectors    of 
such  township  to  conduct  such  first  election  and  perform  such 
duties  in  connection  therewith  as  may  be  necessary  to  carry 
out  the  provisions  of  this  act:     Provided,  That  if  in  such  Proviso 
township,  or  as  a  part  of  such  township,  there  are  fractional 
school    districts    already    organized,    the    school    house    of 
which  is  within  the  boundaries  of  the  township,  such  frac- 
tional districts  shall  be  considered  a  part  of  the  township 
for  school  purposes,  and  qualified  school  electors    residing 
anywhere  in  such  fractional  school  district  shall  be  qualified 
to  sign  the  petition  for  or  vote  upon  the  question  of  the 
organization  of  the  township  district.     The  township  board  Township 
shall  make  and  file,  both  with  the  county  clerk  and  with 
the  county  commissioner  of  schools  of  the  county  in  which 
such    township    is    located,    a   certified  copy  of  the  above 
mentioned  petition  together  with  its  findings  and  decision 
thereon,  and  when  the  trustees  or  district  officers  shall  have 
been  duly  elected  and  shall  have  filed  a  written  acceptance 
of  office  with  the  township  clerk  of  such  township  and  shall 
have  complied  with  the  general  provisions  of  this  act  per- 
taining to  the  election  and  acceptance  of  school  officers,  the 
said  board  of  education  shall  immediately  become  the  custo- 
dian of  all  the  property  pertaining  to  the  public  schools  of 
the  township  and  shall  have  all  the  powers  and  privileges 
conferred  upon  school  officers  by  the  general  laws  of  this 


118 


STATE    OF    MICHIGAN. 


Accounting  of 
property,  etc. 


Exemption. 


state,  and  said  general  laws  shall  apply  and  be  in  force  in 
such  district  in  all  particulars  not  otherwise  provided  for 
Proviso.  in  this  act:  Provided,  That  immediately  upon  the  organiza- 
tion of  the  board  of  education  herein  provided  for  said  board 
shall  call  a  meeting  of  the  officers  of  the  school  districts  of 
the  township  as  heretofore  existing,  if  any,  and  at  such  meet- 
ing there  shall  be  an  accounting  of  the  property,  records, 
and  funds  of  such  districts  and  a  settlement  of  the  same,  and 
the  officers  of  the  several  school  districts  of  the  township  as 
heretofore  existing  shall  immediately  thereafter  turn  over  to 
the  said  board  of  education  all  the  books,  records,  money, 
property,  and  other  matter  or  material  in  their  possession 
and  belonging  to  the  public  schools  of  their  respective  dis- 
tricts to  the  township  board  of  education  and  said  board 
shall  give  to  such  officers  proper  receipts,  and  the  secretary 
of  said  board  of  education  shall  place  a  full  statement  of 
such  several  settlements  in  the  records  of  the  board  of  edu- 
cation for  said  township. 

Am.  1911,  Act  143. 

(274)  §  5910.  SEC.  2.  All  cities  organized  as  school  dis- 
tricts and  all  graded  school  districts  having  a  population  of 
more  than  nine  hundred  shall  be  exempt  from  the  provisions 
of  this  act.  Their  boundaries  shall  remain  the  same  and  they 
shall  continue  to  administer  the  public  schools  of  such  city 
or  graded  district  in  the  same  manner  as  heretofore  provided 
by  statute :  Provided,  That  if  any  such  city  or  graded  school 
district  shall  desire  to  give  up  its  own  organization  as  a  school 
district  and  become  a  part  of  the  township  district,  and  such 
district  and  the  other  district  or  districts  of  the  township 
shall  respectively  so  express  themselves  by  ballot  by  a  ma- 
jority vote  of  the  legal  voters  of  each  district  at  an  annual 
or  special  meeting  of  such  districts,  the  superintendent  of 
public  instruction  shall  have  authority  to  declare  the  organ- 
ization of  such  city  or  graded  school  district  for  school  pur- 
poses dissolved,  and  he  shall  make  such  declaration  in  writ- 
ing and  serve  the  same  upon  the  officers  of  the  township  dis- 
trict and  upon  the  officers  of  such  city  or  graded  district, 
and  such  officers  shall  immediately  turn  over  to  the  board  of 
education  of  such  township  all  the  building,  property,  ap- 
purtenances, money,  and  material  heretofore  belonging  to 
such  city  or  graded  district  to  the  board  of  education  of  the 
township  district,  and  thereafter  such  city  or  graded  district 
shall  be  a  part  of  the  township  district  and  controlled  by 
the  township  board  of  education  as  herein  provided:  Pro- 
vided further,  That  where  fractional  school  districts  have 
been  organized  heretofore  the  organization  of  the  township 
district  for  school  purposes  shall  conform  to  the  boundaries 
of  such  school  districts,  and  that  the  said  fractional  districts 
shall  become  a  part  of  the  township  district  in  which  the 
school  house  of  such  district  is  located,  and  that  in  the  elec- 


Proviso. 


Further 
proviso. 


GENERAL  SCHOOL  LAWS.  119 

tion  of  school  officers  said  boundaries  shall  be  recognized  by 
the  officers  of  the  township :  Provided  further,  That  in  any 
case  where  a  fractional  district  has  been  organized  hereto- 
fore,  such  territory  may  be  divided  so  that  the  township 
school  district  boundary  lines  shall  conform  to  the  town- 
ship boundary  lines,  said  division  being  made  in  their  dis- 
cretion by  the  township  boards  of  the  townships  in  which 
the  territory  may  be  located,  said  boards  meeting  in  joint 
session  for  such  purpose.  When  such  division  has  been  made, 
the  township  boards  at  said  joint  meeting  shall  immediately 
proceed  to  make  an  equitable  division  of  the  property,  and 
money,  if  any,  belonging  to  such  district  between  the  town- 
ships in  which  such  district  was  located.  The  township 
clerk  of  the  township  in  which  the  school  house  of  such  frac-  notice 
tional  school  district  is  located  shall  give  at  least  ten  days' 
notice  to  the  township  clerk  of  the  other  townships  interest- 
ed of  the  time  and  place  of  such  meeting,  and  each  township 
clerk  upon  receiving  such  notice  shall  notify  each  member 
of  the  township  board  of  his  township  of  the  time  and  place 
of  such  meeting.  The  joint  meeting  of  the  township  boards 
when  assembled  shall  elect  from  their  number  a  chairman 
and  a  clerk,  and  a  majority  of  the  joint  board  shall  be  neces- 
sary to  determine  all  questions  submitted.  The  clerk  of  said 
joint  board  shall  provide  each  township  clerk  with  an  exact 
record  of  the  proceedings  of  said  meeting. 

Am.  Id 

(275)     §  5911.     SEC.  3.     The  officers  of  said  township  dis-  Board  of 
trict  shall  consist  of  five  trustees  elected  at  large  who  shall  te™atlon> 
constitute  the  board  of  education  of  said  district  and  a  regu- 
lar term  of  office  shall  be  three  years.     Any  qualified  voter  Eligibility. 
in  the  district  whose  name  appears  upon    the    assessment 
roll  and  who  is  the  owner  in  his  own  right  of  the  property 
so  assessed,  shall  be  eligible  to  election  or  appointment  to 
office  in  such  district :    Provided,  That  where  a  husband  and  Proviso,  hus- 
wife own  property  jointly,  if  otherwise  qualified,  each  shall  b 
be  eligible  to  election  or  appointment  to  school  office.     At  when 
the  first  election  held  on  the  second  Monday  of  July  under  el 
authority  of  this  act,  the  qualified  electors  of  the  township 
shall  proceed  to  elect  by  ballot  one  trustee  for  the  term  of 
one  year,  two  for  the  term  of  two  years  and  two  for  the 
term  of  three  years,  and  annually  thereafter  a  successor  or 
successors  to  the  trustee  or  trustees  whose  term  or  terms  of 
office  shall  expire.    The  term  of  office  intended  for  each  per-  Ballot, 
son  shall  be  designated  on  the  ballot  and  which  said  ballot f( 
shall  have  printed  thereon  the  names  of  all  candidates  and 
the  offices  to  be  voted  therefor,  together  with  instructions  as 
to  the  method  of  voting:    Provided,  That  to  obtain  the  print-  Proviso, 
ing  of  the  name  of  any  candidate  for  any  of  said  offices,  said  petition1.10" 
candidate  shall  file  a  nomination  petition  with  the  clerk  of 
the  school  board  not  less  than  thirty  days    before    election, 


120 


STATE    OP    MICHIGAN. 


Election 
inspectors. 


Duty  of 

township 

clerk. 


which  petition  shall  be  signed  by  not  less  than  twenty-five 
nor  more  than  one  hundred  qualified  electors  of  the  school 
district  and  each  petition  shall  recite  the  residence  and  oc- 
cupation of  the  electors  signing  the  same,  together  with  the 
date  of  signature.  At  the  first  election  and  at  all  succeed- 
ing elections  held  in  said  township  district,  the  township 
board  shall  act  as  a  board  of  election  inspectors  and  shall 
receive  and  canvass  the  votes,  prepare  ballots  and  conduct 
the  election  in  the  same  manner  as  provided  for  in  township 
elections  held  under  the  general  law.  The  township  clerk 
shall  keep  a  record  of  all  proceedings  of  said  first  meeting 
of  the  district  and  file  a  copy  of  the  same  in  his  office  and 
turn  over  a  copy  of  said  proceedings  to  the  secretary  of  the 
board  of  education  when  said  board  is  organized.  In  elec- 
tion of  trustees,  the  person  or  persons  receiving  the  highest 
number  of  votes  cast  shall  be  declared  elected  and  he  or  they 
shall  hold  office  until  his  or  their  successor  or  successors 
shall  have  been  duly  elected  and  shall  have  qualified  as  pro- 
vided in  this  act.  In  all  school  elections  every  citizen  of  the 
United  States  of  the  age  of  twenty-one  years,  male  or  female, 
who  owns  property  which  is  assessed  for  school  taxes  in  the 
towrnship  district  or  who  is  the  parent  or  legal  guardian  of 
any  child  of  school  age  included  in  the  school  census  of  said 
district,  and  who  has  resided  in  said  township  district 
three  months  next  preceding  such  election,  shall  be  a 
qualified  voter.  On  the  question  of  voting  school  taxes, 
every  citizen  of  the  United  States  of  the  age  of  twenty-one 
years,  male  or  female,  who  owns  property  in  fee,  by  contract 
or  homestead  right  which  is  assessed  for  school  taxes  in  the 
township  district,  and  who  has  resided  in  the  district  as 
above  stated  shall  be  a  qualified  voter:  Provided,  That  a 
husband  and  wife  who  own  property  jointly  and  which  is 
assessed  for  school  taxes  in  the  school  district  may,  if  other- 
wise qualified,  vote  upon  the  question  of  raising  money. 


Qualification 
of  electors. 


Voting  taxes. 


Proviso,  hus- 
band and  wife 


Am.   1917,  Act  304. 


Annual 
meeting. 


Notice  by 
secretary. 


(276)  §  5912.  SEC.  4.  The  annual  meeting  of  said  township 
district  shall  occur  on  the  second  Monday  of  July  in  each  year 
at  the  usual  place  of  holding  the  township  meeting,  and  the 
school  year  shall  commence  on  that  day.  It  shall  be  the 
duty  of  the  secretary  of  the  board  to  give  notice  of  all  annual 
meetings  and  of  any  special  meetings  of  said  district  by  post- 
ing a  written  or  printed  notice  thereof  in  at  least  five  con- 
spicuous places  in  said  towrnship,  and  one  notice  on  each 
school  building,  at  least  five  days  prior  to  said  meeting.  The 
notice  of  any  annual  or  special  meeting  shall  state  the  pur- 
pose of  the  meeting,  the  place,  date  and  hour  of  holding  the 
same.  The  notice  of  the  annual  meeting  shall  specify  that 
during  the  last  two  hours,  or  between  three  and  five  o'clock, 
the  general  business  of  the  district  as  to  voting  taxes  will 
take  place.  In  case  the  president  or  secretary  of  the  board  of 


GENERAL    SCHOOL    LAWS.  121 

education  shall  be  absent,  the  voters  present  may  appoint  a 
temporary  president  or  secretary.     At  the  first  school  meet-  Polls, 
ing,   and  at  all  succeeding  annual  meetings  the  polls  shall  ?JS?ng?  al 
open  at  ten  o'clock  a.  m.  and  be  kept  open    seven    consecu- 
tive hours,  and  the  election  shall  be  conducted  in  a  similar 
manner  to  the  one  in  which  township  officers  are  elected,  and 
at  the  hour  of  closing  the  chairman  of  the  board  of  election 
shall  declare  the  polls  closed,  and  the  board  shall  immediate- 
ly proceed  to  canvass  and  announce  the  result  of  the  vote. 

(277)  §  5913.    SEC.  5.    If  any  person  offering  to  vote  at  a 
township  school  district  meeting  shall  be  challenged  as  un- 
qualified  by  any  legal  voter  in  such  district  or  by  the  presid- 
ing officer,  the  chairman  presiding  at  such  meeting  shall  de- 
clare to  the  person  challenged  the  qualifications  of  a  voter; 
and  if  such  person  shall  state  that  he  is  qualified  and  the  chal- 
lenge is  not  withdrawn,  the  chairman  shall  tender  to  him  an 

oath,  in  substance  as  follows:  "You  do  swear  (or  affirm,)  that  Form  of  oath. 

you  are  a  citizen  of  the  United  States,  that  you  have  been  for 

the  last  three  months  an  actual  resident  of  this  school  district, 

or  residing  upon  territory  now  attached  to  this  school  dis- 

trict, and  that  you  own  property  assessed  for  school  taxes 

therein  ;"  and  every  person  taking  this  oath    shall    be    per- 

mitted to  vote  upon  all  questions  proposed  at  such  meetings, 

or  he  may  take  the  following  oath,  to-wit:    "You  do  swear 

(or  affirm)   that  you  are  a  citizen  of  the  United  States,  that 

you  have  been  for  the  last  three  months  an  actual  resident 

of  this  school  district,  or  residing  upon  territory  now   at-. 

tached  to  this  school  district,  and  that  you  are  the  parent  or 

legal  guardian  of  one  or  more  children  now  included  in  the 

school  census  of  the  district;"    and  he  may    vote    upon    all 

questions  which  do  not  directly  involve  the  raising  of  money 

by  tax.    If  any  person  so  challenged  shall  refuse  to  take  such 

oath  his  vote  shall  be  rejected  ;  and  any  person  who  shall  wil- 

fully  take  a  false  oath  or  make  a  false  affirmation  under  the 

provisions  of  this  section,  shall  be  deemed  guilty  of  perjury. 

When  any  question  is  taken  any  other  way  than  by  ballot, 

a  challenge  immediately  after  the  vote  has  been  taken  shall 

be  deemed  to  be  made  when  offering  the  vote,  and  treated 

in  the  same  manner. 

(278)  §  5014.   SEC.  6.  Within  five  days  after  the  first  elec-  Township 
tion  under  this  act  the  township  clerk  shall  notify  in  writing  notify10 


the  persons  elected  as  trustees  of  their  election,  and  within  etc 

five  days  thereafter  said  trustees  so  elected  shall  file  with  the 
township  clerk  a  written  acceptance  of  the  office,  accom- 
panied by  an  affidavit  properly  acknowledged  that  such  per- 
son is  a  qualified  voter  on  school  questions^  that  his  name  ap- 
pears on  the  assessment  roll  of  the  township  for  school  taxes, 
and  that  he  is  the  owner  in  his  own  right  of  the  property  in 
fee,  by  contract  or  homestead  right,  so  assessed,  and  such  ac- 
ceptances and  affidavits  shall  be  filed  by  the  township  clerk 


122 


STATE    OF    MICHIGAN. 


Acceptances, 
where  filed. 


Meeting  of 
board, 
officers,  etc. 


Quorum, 

regular 

meeting. 


Special 
meetings, 
compensation , 


Proviso, 
when  not 
applicable. 


in  his  office.  All  persons  elected  as  trustees  of  the  township 
school  district  after  said  first  election  shall  file  such  written 
acceptances  and  affidavits  with  the  secretary  of  the  board  of 
education  and  they  shall  be  made  a  part  of  the  records  of 
the  district. 

(279)  §  5915.  SEC.  7.  The  members  of  the  board  of  edu- 
cation shall  meet  on  the  fourth  Monday  of  July  following 
the  first  election  under  this  act,  and  at  such  meeting  the 
trustee  whose  term  of  office  first  expires  shall  be  temporary 
chairman,  and  at  this  meeting  the  trustees  shall  elect  from 
their  number  a  president,  a  secretary  and  a  treasurer,  who 
shall  severally  serve  in  such  capacity  during  his  term  of  of- 
fice and  until  his  successor  shall  have  been  duly  elected  and 
qualified.  Immediately  upon  the  organization  of  the  board 
the  secretary  shall  notify  the  county  school  commissioner 
and  the  Superintendent  of  Public  Instruction,  giving  the 
name  and  postoffice  address  of  each  officer.  A  majority  of 
the  members  of  the  board  shall  constitute  a  quorum,  and  the 
board  shall  hold  two  regular  meetings  in  each  year,  one  on 
the  fourth  Monday  of  February  and  one  on  the  Saturday 
preceding  the  second  Monday  in  July,  and  no  notice  of  such 
meetings  shall  be  required.  The  trustees  shall  be  allowed 
compensation  for  not  to  exceed  four  special  meetings  which 
may  be  called  by  the  president  and  secretary,  and  the  secre- 
tary shall  give  at  least  twenty-four  hours'  written  notice 
to  each  member  of  the  board :  Provided,  That  the  provisions 
hereof  with  reference  to  number  of  meetings  of  board  and 
compensation  of  trustees  shall  not  apply  to  school  districts 
having  a  school  population  of  more  than  three  hundred.  All 
business  which  the  board  of  education  is  authorized  to  per- 
form shall  be  done  at  a  meeting  of  said  board,  and  no  act 
shall  be  valid  unless  voted  at  a  meeting  of  the  board  by  an 
affirmative  vote  of  a  majority  thereof  and  a  proper  record 
made  of  such  vote.  The  minutes  of  all  school  meetings  and 
board  meetings  must  be  signed  by  the  secretary. 

Am.  1917,  Act  314. 


office,  when  (280)  §  5916.  SEC.  8.  A  school  district  office  shall  be- 
vacant!  come  vacant  immediately  upon  any  of  the  following  events: 

First,   The  death  of  the  incumbent; 

Second,    His  resignation; 

Third,   His  removal  from  office; 

Fourth,    His  removal  from  the  district; 

Fifth,   His  conviction  of  any  infamous  crime; 

Sixth,  His  election  or  appointment  being  declared  void  by 
a  competent  tribunal; 

Seventh,  His  neglect  to  file  his  acceptance  of  office  or  to 
give  or  renew  any  official  bond  according  to  law ; 

Eighth,  His  ceasing  to  be  a  taxpayer  in  the  school  district ; 

Ninth,  Upon  the  expiration  of  twenty  days  after  failure 
of  the  district  to  elect  a  successor  at  the  annual  meeting. 


GENERAL  SCHOOL  LAWS.  123 

(281)     §  5917.    SEC.  9.    The  board  of  education  shall  have 
the  following  powers  and  duties: 

(a)  To  fill  any  vacancies  that  may  occur  in  the  office  of  FUI  vacancies. 
trustee  until  the  next  annual  meeting,  and  the  person  or  per- 
sons so  appointed  shall  file  his  acceptance  and  affidavit  as 
hereinbefore  provided ; 

(b)  To  purchase  or  lease  in  the  name  of  the  district  such  purchMe 
site  or  sites  for  school  houses  as  may  be  necessary,  out  of  the  sc 
fund  provided  for  that  purpose,  and  make  sale  of  any  site  or 
other  property  of  the  district  when  lawfully  directed  to  do 

so  by  the  qualified  voters :  Provided,  That  the  board  shall  Proviso, 
not  build  a  stone  or  brick  school  house  upon  any  site  without 
having  first  obtained  a  title  in  fee  to  the  same  or  a  lease  for 
at  least  ninety-nine  years,  nor  shall  a  frame  school  house  be 
erected  on  any  site  for  which  the  board  has  not  secured  a 
title  in  fee  or  a  lease  for  at  least  fifty  years,  and  in  all  cases 
where  school  sites  are  leased  the  board  shall  reserve  the 
privilege  of  removing  the  school  property  from  the  site  on  the 
expiration  of  the  lease; 

(c)  To  estimate  the  amount  of  money  necessary  to  be 
raised  for  buildings  and  sites  and  report  same  to  the  voters 
at  the  annual  meeting; 

(d)  To  vote  the  taxes  necessary    in    addition    to    other  vote  taxes 

,  .   ,      ,     ,,  ,  ,     T   «       for  wages,  etc. 

school  funds  for  teachers'  wftges  which  shall  be  accounted  for 
under  the  title  .of  "general  fund ;"  and  if  no  high  school  be 
established,  to  vote  such  taxes  as  may  be  necessary  to  pay  the 
tuition  of  any  and  all  children  of  high  school  age  resident  in 
such  township,  to  high  schools  already  established,  and  to 
vote  such  taxes  as  may  be  necessary  for  the  regular  running 
expenses  of  the  school,  which  shall  include  school  furnishings 
and  all  appendages,  library,  the  care  of  school  property,  rec- 
ord books  and  blanks,  and  all  apparatus  and  material  which 
may  be  necessary  in  order  that  the  schools  may  be  properly 
managed  and  maintained,  and  such  taxes  when  collected  and 
received  by  the  treasurer  of  the  board  shall  be  accounted  for 
under  the  title  "general  fund."  All  moneys  received  from 
penal  fines  for  library  purposes  and  all  moneys  received  for 
buildings  and  sites  shall  be  kept  in  separate  accounts  under 
proper  title :  Provided,  That  when  the  district  or  the  board  Proviso, 
has  voted  a  tax  for  any  legal  purpose  and  the  money  is  need- 
ed before  the  tax  can  be  levied  and  collected  the  board  may 
borrow  on  the  warrant  of  the  district  a  sum  not  to  exceed  the 
amount  of  tax  voted  for  such  purpose; 

(e)  Between  the  second  Monday  of  July  and  the  first  Taxes  levied. 
Monday  of  August  in  each  year,  to  make  out  and  deliver  to 

the  township  clerk  a  report  in  writing,  signed  by  the  presi- 
dent and  secretary,  of  all  taxes  for  school  purposes  voted 
by  the  district  and  by  the  district  board,  to  be  levied  on  the 
taxable  property  of  the  district; 

(f )  To  apply  and  pay  over  all  school  moneys  belonging  school 
to  the  district  in  accordance  with  the  provisions  of  the  law  SSJf  etc. 


124 


STATE    OF    MICHIGAN. 


Custody  of 

school 

property. 


Text  books, 
adoption  of, 
etc. 


regulating  the  same,  and  no  money  raised  by  tax  shall  be 
used  for  any  other  purpose  than  that  for  which  it  was  raised 
without  the  consent  of  a  majority  of  the  taxpaying  voters 
of  the  district  present  at  an  annual  meeting  or  a  special  meet- 
ing, and  no  moneys  received  from  the  primary  school  interest 
fund  shall  be  appropriated  to  any  other  use  than  the  pay- 
ment of  teachers'  wages,  except  as  hereinafter  provided,  and 
no  money  received  for  teachers'  wages  shall  be  paid  to  any 
person  who  is  not  the  holder  of  a  proper  certificate  of  qualifi- 
cation authorizing  him  to  teach,  and  granted  to  said  person 
before  the  commencement  of  his  school.  The  board  shall 
not  apply  any  moneys  received  by  it  from  any  source  for 
the  support  or  maintenance  of  any  school  of  a  sectarian 
character,  whether  the  same  be  under  the  control  of  any 
religious  society  or  made  sectarian  by  the  school  board ; 

(g)  To  have  the  care  and  custody  of  all  school  property 
and  to  provide  suitable  school  privileges  and  sanitary  condi- 
tions for  all  schools,  a  suitable  water  supply  and  all  record 
books  and  blanks; 

(h)  To  specify  the  studies  to  be  pursued  in  the  schools  of 
the  district  and  adopt  a  suitable  course  of  study  for  said 
schools ; 

(i)  To  select  and  adopt  suitable  text  books  for  use  in  the 
schools,  and  the  secretary  shall  make  a  record  of  such  adop- 
tion. Text  books  once  adopted  under  the  provisions  of  this 
act  shall  not  be  changed  within  five  years  except  by  the  con- 
sent of  a  majority  of  the  qualified  voters  of  the  district  pres- 
ent at  any  annual  or  special  meeting:  Provided,  That  in  the 
adoption  of  text  books  the  board  shall  provide  for  instruction 
in  the  subject  of  physiology  and  hygiene  with  special  refer- 
ence to  the  nature  of  alcohol  and  narcotics  and  their  effects 
upon  the  human  system,  and  sanitary  science.  Text  books 
adopted  in  this  subject  shall  give  at  least  one-fourth  of  their 
space  to  the  consideration  of  such  subjects,  and  for  the  high 
schools  such  books  shall  contain  at  least  twenty  pages  of  such 
matter,  and  the  instruction  in  this  subject  shall  be  given  in 
such  manner  and  at  such  times  as  may  be  suited  to  the  grade 
of  the  pupils.  The  text  books  used  in  giving  such  instruction 
shall  first  be  approved  by  the  state  board  of  education.  Each 
teacher  or  superintendent  shall  report  to  the  board  of  educa- 
tion at  the  close  of  each  term  or  year  in  regard  to  the  quan- 
tity and  character  of  such  special  instruction  in  the  subject 
of  alcohol  and  narcotics,  and  the  secretary  of  the  board  shall 
certify  to  the  superintendent  of  public  instruction  that  such 
instruction  has  been  given ; 

(j)  To  have  the  general  care  of  the  schools  of  the  district 
and  make  and  enforce  suitable  rules  and  regulations  for  the 
general  management  of  the  schools  and  for  the  preservation 
of  the  property  of  the  district,  and  to  purchase  at  the  ex- 
pense of  the  district  such  text  books  as  may  be  necessary  for 
the  use  of  children  whose  parents  are  not  able  to  furnish 


Regulation 
of  schools. 


GENERAL    SCHOOL    LAWS.  125 

same.     The  board  may  authorize  or  order  the  suspension  or  suspension, 
expulsion  from  school  of  any  pupil  guilty  of  gross  misde-  e 
meanor  or  persistent  disobedience,  or  one  having  habits  or 
bodily  conditions  detrimental  to  the  school,  whenever  in  its 
judgment  the  interests  of  the  school  may  demand  it; 

(k)  The  board  may  admit  to  the  schools  of  the  township  Non-resident 
any  non-resident  pupils  and  determine  the  rate  of  tuition  of 
such  pupils  and  collect  same.  Children  who  are 'being  cared 
for  at.  county  expense  shall  be  admitted  to  the  school  in  the 
township  which  is  nearest  the  county  house  or  in  which  the 
county  house  may  be  located,  on  the  same  terms  that  non- 
resident pupils  are  admitted.  When  non-resident  pupils,  their 
parents  or  guardians,  pay  a  school  tax  in  said  district  such 
children  shall  be  admitted  to  the  schools  of  the  district,  and 
the  amount  of  such  school  tax  shall  be  credited  on  their  tui- 
tion in  a  sumj  not  to  exceed  the  amount  of  such  tuition ; 

(1)  To  make  rules  relative  to  the  taking  of  census  of  all  School  census, 
children  resident  in  said  township  district  five  years  of  age 
and  under  twenty  years,  and  to  make  all  necessary  reports 
and  trail  sin  it  the  same  to  the  proper  officers  as  designated 
by  law  so  that  the  district  may  be  entitled  to  its  proportion 
of  the  primary  school  fund; 

(m)     To  fix  the  length  of  time  school  shall  be  kept  in  all 
the  schools  of  the  township,  which  shall  be  the  same  for  all 
schools  and  not  less  than  five  months  in  each  year:   Provided,  Proviso. 
That  all  persons,  residents  of  any  township  school  district 
and  five  years  of  age,  shall  have  an  equal  right  to  attend  any 
school  therein,  and  no  separate  school  or  department  shall  be 
kept  for  any  person  on  account  of  race  or  color :  Provided  Further 
further,  That  this  shall  not  be  construed  to  prevent  the  classi- E 
fying  and  grading  of  the  schools  according  to  the  intellectual 
progress  of  the  pupils,  such  grades  to  be  taught  in  such  sepa- 
rate places  as  may  be  deemed  expedient; 

(n)  To  establish  and  maintain  a  district  library  and  pro- 
vide for  its  care  and  management; 

(o)     To    establish    and    maintain    a    high  school  or  high 
schools  for  the  township  and  determine  the  qualifications  for 
admission  thereto:   Provided,  That  if  a  township  high  school  Proviso, 
be  not  maintained  the  board  of  education  shall  pay  out  of 
funds  hereinbefore  provided  for,  the  tuition  of  any  and  all 
children  of  high  school  age  who  desire  to  attend  high  schools 
in  the  sanxe  township  or  in  adjoining  townships :    Provided  Further 
further,  That  if  in  such  township    or    adjoining    townships pl 
there  be  no  established  high  school  then  the  tuition  of  such 
children  shall  be  paid  in  such  high  school  as  shall  be  desig- 
nated by  such  township  board  of  education ; 

(p)  To  authorize  the  secretary  to  purchase  and  provide 
such  incidental  apparatus  and  material  as  may  be  deemed  ad- 
vi  sable  for  the  schools,  and  to  audit  and  order  the  payment 
of  all  accounts  for  such  expenses  and  material; 


126 


STATE    OP    MICHIGAN. 


Superinten- 
dent, employ- 
ing of. 


Duties. 


(q)  To  employ  a  superintendent  of  schools  for  the  town- 
ship, when  the  same  is  authorized  by  a  vote  of  the  electors 
thereof,  and  to  employ  such  other  officers  and  servants  as 
may  be  necessary  .for  the  management  of  the  schools  and 
school  property,  and  to  prescribe  their  duties  and  fix  their 
Qualifications,  compensation.  The  superintendent  of  schools  herein  provided 
for  shall  be  the  holder  of  at  least  a  state  life  certificate  or  a 
normal  school  diploma,  or  he  shall  have  educational  qualifica- 
tions equivalent  thereto  and  shall  be  the  holder  of  a  diploma 
from  a  college  or  university  of  recognized  standing,  and  he 
shall  have  the  following  duties : 

First,  To  recommend  in  writing  all  teachers  necessary  for 
the  schools,  and  to  suspend  any  teacher  for  cause,  until  the 
board  of  education  or  a  committee  of  such  board  may  con- 
sider such  suspension; 

Second,    To  classify  and  control  the  promotion  of  pupils; 

Third,  To  recommend  to  the  board  the  best  methods  of  ar- 
ranging the  course  of  jstudy  and  the  proper  text  books  to  be 
used; 

Fourth,  To  make  reports  in  writing  to  the  board  of  educa- 
tion and  to  the  superintendent  of  public  instruction  annually 
or  oftener  if  required; 

Fifth,    To  supervise  and  direct  the  wark  of  the  teachers; 

Sixth,  To  assist  the  board  in  all  matters  pertaining  to  the 
general  welfare  of  the  school,  and  to  perform  such  other 
duties  as  the  board  may  determine; 

(r)  To  hire  and  contract  with  such  legally  qualified  teach- 
ers as  may  be  required,  and  all  contracts  shall  be  in  writing 
and  signed  by  a  majority  of  the  board  in  behalf  of  the  dis- 
trict. Said  contracts  shall  specify  the  wages  agreed  upon 
and  require  the  teachers  to  keep  a  correct  record  of  all  school 
work,  the  number  of  pupils,  the  classification  and  grading, 
the  aggregate  and  average  attendance  and  the  percentage  of 
attendance,  and  to  furnish  the  secretary  with  a  correct  copy 
of  the  same  at  the  close  of  school.  The  contracts  shall  also 
require  the  board  to  provide  all  proper  material  and  keep 
the  school  property  in  proper  and  sanitary  condition.  The 
contract  shall  be  filed  with  the  secretary  and  a  duplicate  fur- 
nished the  teacher.  A  contract  with  a  person  not  holding 
a  legal  certificate  of  qualification  shall  be  invalid  and  all  con- 
tracts shall  terminate  if  the  certificate  of  the  teacher  shall 
expire  by  limitation  within  its  term,  or  if  the  certificate  be 
suspended  or  revoked  by  proper  authority:  Provided,  That 
in  case  of  illness  of  the  teacher  or  when  a  legally  qualified 
teacher  cannot  be  found  by  the  board  or  by  the  commissioner 
of  schools,  a  person  otherwise  qualified  but  not  holding  a 
certificate  may  be  employed  temporarily  as  a  supply,  and 
such  supply  service  shall  be  paid  for  from  the  general  fund. 
A  school  month  within  the  meaning  of  the  school  laws  shall 
consist  of  four  weeks  of  five  days  in  each  week; 

(s)     And  to  do  all  .things  needful  and  necessary  for  the 


Teachers, 
employing  of, 
contracts,  etc, 


Filing  of 
contracts 


Proviso. 


GENERAL  SCHOOL  LAWS.  127 

maintenance,  prosperity,  and  success  of  the  schools  of  the 
district  and  the  promotion  of  the  thorough  education  of  the 
children  thereof. 

Am.   1911,   Act  143. 

(282)  §  5918.    SEC.  10.    It  shall  be  the  duty  of  the  presi-  JJ^SS* 
dent  of  the  board : 

First,  To  preside  at  all  meetings  of  the  district  and  of  the  TO  preside, 
board ; 

Second,   To  countersign  all   orders   legally   drawn   by   the  Countersign 
secretary  upon  the  treasurer  for  moneys  to  be  disbursed  by  OI 
the    district,    and    all   warrants    of    the    secretary  upon  the 
township  treasurer  for  moneys  raised  for  district  purposes  or 
apportioned  to  the  district  by  the  township  clerk  or  other 
officer ; 

Third,  To  cause  an  action  to  be  prosecuted  in  the  name  of  Prosecute 
the  district  on  the  treasurer's  bond  in  case  of  any  breach  of  a 
any  condition  thereof; 

Fourth,   To  preserve  order  in  all  meetings  of  the  district.  Meetings, 

'  disturbance 

and  he  may  arrest  or  order  the  arrest  of  any  person  or  per-  of,  etc. 
sons  who  shall  conduct  himself  or  themselves  in  a  disorderly 
manner,  or  wrho  shall  disturb  such  meeting  by  rude  or  in- 
decent behavior,  or  by  profane  or  indecent  discourse  or  in 
any  other  way  make  such  disturbance,  and  such  person  shall, 
on  conviction  thereof  in  a  court  of  competent  jurisdiction,  be  Penalty, 
punished  by  a  fine  of  not  less  than  two  dollars  nor  more 
than  fifty  dollars,  or  by  imprisonment  in  the  county  jail  not 
exceeding  thirty  days.   Any  justice  of  the  peace,  recorder  or  jurisdiction, 
police  justice  of  the  county  where  such  offense  shall  be  com- 
mitted shall  have  jurisdiction  to  try  and  determine  the  same; 

Fifth,    He  may  make  complaint  before  a  justice    of    the  Complaint  for 

J  ,.    .       .         J         .        ,    .       ,,       disturbance. 

peace  against  any  person  who  shall  disturb  any  school  in  the 
township  by  rude  and  indecent  behavior  or  by  profane  and  in- 
decent discourse  or  in  any  other  way  make  such  disturbance, 
and  such  person  shall  on  conviction  thereof  be  punished  by  a 
fine  of  not  less  than  two  nor  more  than  fifty  dollars,  or  by 
imprisonment  in  the  county  jail  not  exceeding  thirty  days; 

Sixth,    To  perform  the  duties  required  of  the  superintend-  J^0^ 
ent,  where  such  superintendent  is  not  appointed,  and  such  supermten- 
other  duties  as  may  be  appropriate  to  his  office  in  the  man-  c 
agement  of  the  schools  as  the  board  shall  determine. 

(283)  §  5919.    SEC.  11.    It  shall  be  the  duty  of  the  secre- 
tary  of  each  board  of  education: 

First,  To  act  as  clerk  at  all  meetings  of  the  district  and  of 
the  board; 

Second,   To  record  the  proceedings  of  all  district  meetings  Record  of 
and  the  minutes  of  all  meetings,  orders,  resolutions  and  other  p 
proceedings  of  the  board  in  proper  record  books  and  sign  the 
same ; 

Third,  To  give  the  prescribed  notice  of  the  annual  meeting  Notice  of 
and  of  any  special  meetings  of  the  district  which  the  board  meetings- 


128 


STATE    OF    MICHIGAN. 


Proviso. 


Further 
proviso. 


Warrants, 
orders,  etc. 


Numbering. 


Sign 
contracts. 


Purchase 
apparatus. 


Accounts, 
payment, 
etc. 


Estimates, 
when  and 
to  whom 
presented. 


File 
reports,  etc. 


Annual 
report, 
what  to 
contain,  etc. 


may  call :  Provided,  That  the  notice  of  all  annual  and  special 
meetings  shall  be  properly  posted  in  at  least  five  public  places 
in  the  township  and  one  on  each  school  building  not  less  than 
five  days  prior  to  such  meeting:  Provided  further,  That  on 
the  petition  of  at  least  one-tenth  and  not  less  than  twenty-five 
of  the  qualified  voters  of  the  township  district  presented  to 
the  secretary  or  president  for  the  purpose  of  calling  a  special 
school  meeting,  the  secretary  shall  give  the  notice  as  herein- 
before provided; 

Fourth,  To  draw  and  sign  warrants  upon  the  township 
treasurer  for  all  moneys  raised  for  district  purposes  or  appor- 
tioned to  the  district  by  the  township  clerk  or  other  officer 
and  payable  to  the  treasurer  of  the  district,  and  orders  upon 
the  district  treasurer  for  all  moneys  to  be  disbursed  by  the 
district,  and  present  such  warrants  or  orders  to  the  president 
to  be  countersigned  by  that  officer.  Each  warrant  and  order 
shall  be  properly  numbered  and  dated,  and  each  warrant 
shall  specify  the  sources  of  the  funds  called  for,  and  each 
order  the  purpose  for  which  and  the  fund  upon  which  it  is 
drawn ; 

Fifth,  To  draw  and  sign  all  contracts  with  teachers,  super- 
intendents or  other  employes,  when  directed  by  the  district 
board,  and  present  such  contracts  to  the  other  members  of 
the  board  for  further  signature; 

Sixth,  To  purchase  the  necessary  appendages  and  inci- 
dentals for  school  use  as  hereinbefore  provided,  and  to  see 
that  such  apparatus  and  material  is  kept  in  good  repair  at 
all  times ; 

Seventh,  To  keep  an  accurate  account  of  all  expenses  in- 
curred by  him  as  secretary,  such  accounts  to  be  presented 
to  and  audited  by  the  board,  and  on  its  written  order  paid 
out  of  the  appropriate  fund; 

Eighth,  At  the  regular  meeting  of  the  board  in  the  month 
of  June,  to  present  an  estimate  of  the  expenses  necessary 
to  be  incurred  during  the  ensuing  year,  and  an  estimate  of 
the  amount  of  money  necessary  for  buildings,  sites  or  repairs, 
and  upon  these  estimates  the  board  shall  act  and  fix  the 
amount  to  be  presented  to  the  people  at  the  annual  meeting; 
and  the  board  shall  vote  the  several  amounts  for  taxes  to  be 
levied  for  teachers'  wages  and  the  general  running  expenses 
of  the  school  as  hereinbefore  provided; 

Ninth,  To  preserve  and  file  copies  of  all  reports  to  the 
township  clerk  or  county  clerk  and  the  superintendent  of 
public  instruction,  and  to  preserve  and  keep  all  books, 
papers,  records  and  other  documents  belonging  to  the  office 
of  secretary  or  to  the  district  when  not  otherwise  provided 
for,  and  to  deliver  the  same  to  his  successor  in  office; 

Tenth,  The  secretary  shall,  at  the  end  of  the  school  year 
and  previous  to  the  second  Monday  in  July,  prepare  an 
annual  report  of  the  school  district,  said  report  to  contain: 

(1)     The  whole  number  of  children  belonging  to  the  dis- 


GENERAL  SCHOOL  LAWS.  129 

trict  five  years  of  age  and  under  twenty,  according    to    the 
school  census  of  said  district; 

(2)  The  number  attending  school  during  the  year; 

(3)  The  number  of  non-resident  pupils  attending  during 
the  year; 

(4)  The  whole  number  that  have  attended  school  during 
the  year; 

(5)  The  length  of  time  school  has  been  taught,  the  name 
of  each  teacher,  and  the  length  of  time  taught  by  each  and 
the  wages  paid  to  each; 

(6)  The  average  attendance  and  the  percentage  of  attend- 
ance of  pupils  during  the  year; 

(7)  The  amount  of  money  received  from    the    township 
treasurer  apportioned  to  the  district  by  the  township  clerk; 

(8)  The  amount  of  money  raised  by  the  district  and  the 
purposes  for  which  it  was  raised,  the  amount  of  primary  and 
library    money    and    the    amount    received    from    all    other 
sources ; 

(9)  The  text  books  used  in  the  school; 

(10)  Such  other  facts  and  statistics  in  regard      to    the  other 
schools  and  the  subject  of  education  as  ,the  superintendent statls 

of  public  instruction  shall  direct.     Said  report  shall    be    in  Form  of  re- 
such  form  as  said  superintendent  may  prepare  and  direct,  cffetcr*1 
In  all  township  districts  one  copy  of  said  report    shall    be 
filed  with  the  township  clerk  on  or  before  the  first  Monday 
of  August  in  each  year,  and  the  other  two,  together  with  all 
others,  forwarded  immediately  after  the    first    Monday    in 
August  to  the  county  commissioner  of  schools; 

(11)  To  perform  such  other  duties  as  are  or  shall  be  re- 
quired by  law  or  by  the  board  of  education. 

(284)     §  5920.    SEC.  12.    It  shall  be  the  duty  of  the  treas-  Treasurer, 
urer  of  the  board  of  education : 

First,  Within  ten  days  after  his  election  or  appointment  TO  me  bond, 
to  execute  to  the  district  and  file  writh  the  secretary  of  the  sur 
board  a  bond  in  the  full  amount  of  money  to  come  into  his 
hands  during  each  year  as  such  treasurer,  as  near  as  the 
same  can  be  ascertained,  with  two  or  more  sufficient  sureties, 
each  of  whom  shall  justify  under  oath  and  before  a  proper 
officer,  to  the  amount  for  which  he  is  held  in  the  bond,  and 
the  sum  of  such  amounts  shall  be  equal  to  the  full  amount  of 
the  bond ;  or  the  treasurer  may  provide,  at  the  expense  of  the 
district,  a  similar  bond  of  some  surety  company  authorized  Surety 
to  do  business  in  this  state,  said  bond  to  be  approved  by  the  c< 
president  and  secretary  of  the  board,  conditioned    for    the 
faithful    performance    of    his    duties    under    this    act    and 
honestly  accounting  for  all  moneys  coining  into  his  hands  be- 
longing to  said  district  according  to  the  general  accounting 
laws  of  the  state.     Said  bond  when  approved  shall  be  filed  where  filed. 
with  the  secretary  of  the  board,  and  none  of    the    books, 
money  or  property  of  the  district  shall  be  placed  in  the  hands 
of  the  treasurer  until  such  bond  has  been  so  filed  and  ap- 

17 


130 


STATE    OP    MICHIGAN. 


Proviso, 
increase 
of  bond. 


When  suit 
commenced. 


Custody  of 
moneys. 


Deposits, 
interest,  etc. 


Proviso, 
inspection. 


Pay  orders. 


Keep  book  of 
accounts,  etc. 


Annual 
reports. 


Appear  for 
district 
in  suits. 


Deliver 
books,  etc. 


proved :  Provided,  That  if  for  any  unforeseen  reason  a  larger 
sum  of  money  should  become  due  the  district  than  the  bond 
would  cover,  the  treasurer  shall  increase  the  bond  to  the 
proper  amount  before  such  money  comes  into  his  hands.  In 
case  of  any  breach  of  the  conditions  of  said  bond  the  presi- 
dent shall  cause  suit  to  be  commenced  thereon  in  the  name  of 
the  district,  and  any  moneys  collected  thereon  shall  be  paid 
into  the  township  treasury,  subject  to  the  order  of  the  dis- 
trict, and  such  moneys  shall  be  applied  to  the  same  purposes 
as  the  money  lost  should  have  been  applied  by  the  treas- 
urer; 

Second,  The  treasurer  shall  have  the  care  and  custody  of 
all  the  moneys  of  the  district  coming  into  his  hands,  and  he 
shall  not  loan  the  same,  nor  use  the  same  for  his  own  pur- 
poses, nor  permit  other  private  individuals  or  corporations 
to  use  the  same  except  as  provided  by  law,  nor  shall  he  mix 
such  money  with  his  own  money,  but  he  shall  keep  it  sepa- 
rate and  apart  from  all  other  funds ; 

Third,  He  may,  with  the  consent  of  the  board  of  education, 
deposit  school  moneys  with  any  bank  or  banking  corporation 
or  trust  company  for  safe-keeping,  and  require  such  bank  or 
company  to  pay  interest  thereon.  Such  deposit  shall  be 
made  in  his  name  as  treasurer' of  the  district,  and  such  inter- 
est shall  be  accounted  for  to  the  district  and  become  a  part 
of  the  general  fund  of  said  district:  Provided,  That  any  de- 
posit of  such  funds  shall  not  be  privileged,  but  shall  be  open 
to  inspection  of  any  trustee  of  the  district  or  any  person 
authorized  to  audit  school  accounts; 

Fourth,  To  pay  all  orders  of  the  secretary  when  lawfully 
drawn  and  countersigned  by  the  president,  out  of  any 
moneys  in  his  hands  belonging  to  the  fund  upon  which  such 
orders  may  be  drawn ; 

Fifth,  To  keep  a  book  in  'which  all  moneys  received  and 
disbursed  shall  be  entered,  the  sources  from  which  the  same 
have  been  received,  and  the  person  to  whom!  and  the  objects 
for  which  the  same  have  been  paid; 

Sixth,  To  present  to  the  district  board  and  to  the  district 
at  the  close  of  the  school  year  a  report  in  writing  containing 
a  statement  of  all  moneys  received  during  the  preceding  year 
and  of  each  item  of  disbursement  made,  and  exhibit  the 
vouchers  therefor,  and  said  vouchers  shall  be  filed  in  his 
office  permanently; 

Seventh,  To  appear  for  and  on  behalf  of  the  district  in  all 
suits  brought  by  or  against  the  same,  when  no  other  direc- 
tions shall  be  given  by  the  qualified  voters  in  a  district  meet- 
ing, except  in  suits  in  which  he  is  interested  adversely  to  the 
district,  and  in  all  such  cases  the  president  shall  appear  for 
the  district; 

Eighth,  At  the  close  of  his  term  of  office  to  settle  with  the 
district  board  and  to  deliver  to  his  successor  in  office  all 
books,  vouchers,  orders,  documents  and  papers  belonging  to 


GENERAL  SCHOOL  LAWS.  131 

the  office  of  treasurer,  together  with  all  district  moneys  re- 
maining on  hand; 

Ninth,   To  perform  such  other  duties  as  are  or  shall  be  re-  other  duties, 
quired  by  law  of  the  treasurer. 

(285)    §  5921.   SEC.  13.  At  each  annual  school  meeting  held  Annual 
in  said  township  district  the  board  of  education  shall  present  m 
its  estimate  of  the  amount  of  money  needed  to  be  raised  by 
tax  during  the  ensuing  year  for  buildings  and  sites  and  an 
estimate  of  the  amount  for  which  bonds  shall  be  issued  if 
needed.     This  estimate  shall  be  presented  by  the  board  and  Time, 
considered  by  the  qualified  voters  during  the  last  two  hours 
of  the  time  during  which  the  polls  for  the  election  of  trus- 
tees are  to  be  open,  or  between  the  hours  of  three  and  five 
o'clock  p.  m.     The  qualified  voters  on  the  question  of  voting 
taxes  present  at  that  time  shall  determine    the    amount    of 
money  to  be  raised  by  tax  for  these  purposes,  and  they  may 
direct  that  the  vote  shall  be  taken  by  ballot  or  in  any  other 
way  which   shall   be   deemed   best.     The  people  shall  have 
authority  to  increase  or  decrease  the  amount  of  the  estimate 
submitted  by  the  board  and  when  such  amounts  have  been 
voted  by  a  majority  of  the  qualified  voters  present  the  secre- 
tary of  the  board  of  education  shall,  on  or  before  the  first 
Monday  of  August,  certify  to  the  township  clerk  of  the  town-  Taxes, 
ship  the  amount  of  such  taxes,  together  with  the  amount  of 
all  taxes  which  the  board  of  education  is  authorized  to  im- 
pose, and  said  township  clerk  shall  report  the  same  to  the 
supervisor  of  the  township,  and  if  the  township  district  is 
a  fractional  district  said  clerk  shall  report  such  taxes  to  the 
clerks  of  other  townships  in  which  said  district  may  be  in 
part  situated,  and  such  clerks  shall  report  the  amounts  to 
their  respective  supervisors  who  shall  spread  the  same  upon 
the  regular  tax  roll  of  such  township  or  townships  in  the 
manner  provided  for  by  statute,  and  the  same  shall  be  levied, 
collected,  and  returned  in  the  same  manner  as  all  township 
taxes :    Provided,  That    if    the    qualified    voters    present    as  Proviso, 
aforesaid  do  not  or  can  not  determine  the  amount  of  money 
to  be  raised  by  tax  for  the  purposes  specified,  the  board  of 
education  shall  determine  the  same :  Provided  further,  That  Further 
special  meetings  of  the  district  may  be  called  to  vote  on  the  PI 
question  of  bonding  the  district  for  any  of  the  purposes  men- 
tioned.    Such  vote  shall  be  by  ballot  and  a  majority  of  the 
votes  cast  shall  be  necessary  to  carry  the  question.    The  form  Form  of 
of  ballot  shall  be:    "For  bonding  the  township  district  for 

$ ,  Yes,"    "For  bonding  the  township  district  for 

I ,  No."    On  the  question  of  bonding,  the  board  of 

education  shall  act  as  an  election  board  and  cause  a  poll  list 
to  be  kept  and  a  suitable  ballot  box  used,  and  conduct  the 
election  and  canvass  the  votes  in  the  same  manner  as  a  regu- 
lar school  election.     When  bonds  have  been  voted  the  board  Bonds  to 
shall  proceed  to  issue  and  sell  the  bonds  and  fix  the  rate  of  ™ 
interest  and  term  of  payments  thereon.     The  period  of  any 


132 


STATE    OP    MICHIGAN. 


Proviso.  school  bonds  shall  not  exceed  fifteen  years:    Provided,  That 

when  any  money  shall  have  been  borrowed  by  any  township 
school  district  upon  the  bonds  of  said  district  the  qualified 
voters  of  such  district  shall  have  power  at  any  annual  or 
special  meeting  to  impose  a  tax  on  the  taxable  property  in 
such  district  for  the  purpose  of  paying  the  principal  or  any 
part  thereof  and  the  interest  thereon,  to  be  levied  and  col- 
lected as  other  school  district  taxes  are  levied  and  collected. 

Am.  1911,  Act  143. 


Taxes  in 
separate 
column. 


When  town- 
ship treas- 
urer to  pay 
over  moneys. 


To  collect 
from  other 
treasurers. 


Statement, 
board  to 
make,  con- 
tents, etc. 


Recording  of. 


Free  text- 
books, may 
be  submitted. 


Proviso,  bids. 


To  be  included 
in  budget. . 


(286)  §  5922.  SEC.  14.  All  taxes  assessed  within  said  town- 
ship or  township  district  for  school  purposes  shall  be  set 
forth  in  the  assessment  roll  of  the  proper  township  in  a  sepa- 
rate column,  apart  and  distinct  from  all  other  township  taxes. 

(287)  §  5923.   SEC.  15.  The  treasurer  of  the  township  shall 
at  any  time,  on  the  written  request  of  the  board  of  education, 
report    to   said   board    the   amount    of    school  money  in  his 
hands  and  shall,  on  the  order  of  the  secretary  of  the  board 
countersigned  by  the  president,  pay  to  the  treasurer  of  the 
board  all  or  any  of  such  moneys.    The  treasurer  of  the  town- 
ship shall  collect  from,  the  treasurers  of  other  townships  in 
which  the  district  may  be  in  part  located  all  school  moneys 
belonging  to  such  district  on  or  before  March  first  in  each 
year  and  report  the  same  to  the  township  clerk. 

(288)  §  5924.    SEC.  16.    The  said  board  of  education  shall 
annually,  on  or  before  its  regular  meeting  in  the  month  of 
June,  make  a  detailed  statement  of  the  number  of  schools  in 
said  township  district,  the  number  of  teachers  employed,  the 
number  of  pupils  instructed  therein  during  the  preceding  year, 
the  itemized  expenditures  of  said  board  for  all  purposes,  the 
resources  and  liabilities  of  said  district  and  also  an  estimate 
of  the  necessary  expenses  for  the  ensuing  year  exclusive  of 
the  income  from  the  primary  school  interest  fund  and  one 
mill  tax,  which  report  or  statement  shall  be  entered  at  length 
in  the  records  of  said  board  and  shall  be  publicly  read  by  the 
president  of  said  board  or  any  mfemlber  of  the  board,  to  the 
voters  of  the  township  at  their  annual  meeting  on  the  second 
Monday  of  July. 

(289)  §  5925.    SEC.  17.    The  board  of  education  at  any  an- 
nual or  special  meeting  may  submit  to  the  voters  of  the  dis- 
trict the  question  of  free  text-books,  and  if  a  majority  of  the 
voters  present  shall  vote  in  favor  of  the  use  of  free  text-books, 
the  said  board  shall  be  authorized  to  proceed  to  make  a  con- 
tract with  some  dealer  or  publisher  to  furnish  the  necessary 
books  used  in  said  district  at  a  price  not  greater  than  the  net 
wholesale  price  of  such  books,  and  to  vote  a  tax  for  such  pur- 
pose:   Provided,  That  the  voters  at  such  meeting  may  direct 
the  board  of  education  to  advertise  for  proposals  and  bids  on 
such  contract.     Annually  thereafter  the  board  of  education 
shall  include  in  its  budget  a  sufficient  amount  to  maintain 
and  provide  the  proper  text-books  for  use  in  schools  and  such 


GENERAL    SCHOOL   LAWS.  133 

text-books  shall  be  sold  to  pupils  at  'cost  and  furnished  free 
to  such  pupils  as  are  unable  to  buy  them,  and  such  books 
furnished  free  shall   be  the  property  of  the  district :    Pro-  Further 
vided  further,    That  nothing  herein  contained  shall  prevent  Provlso- 
any  district  having  once  adopted  free  text-books  from  taking 
further  action  on  the  subject  at  any  subsequent  annual  meet- 
ing. 

(290)  §  5926.    SEC.  18.   All  school  property,  both  real  and 
personal,  within  the  limits  of  the  township  district  as  created 
or  organized  under  this  act,  shall  by  force  of  this  act  become 
the  property  of  the  public  schools  of  the  township,  and  all 
debts  and  liabilities  of  the  several  districts  heretofore  organ- 
ized in  such  township  as  they  existed  prior  to  the  passage  of 
this  act  shall  become  the  debts  and  liabilities  of  the  said  pub- 
lic schools  of  the  township. 

(291)  §  5927.  SEC.  19.  All  money  raised  or  being  raised  by  Tax  not  in- 
tax,  or  accrued  or  accruing  to  the  school  districts  of  said  town-  vali     ed>  etc' 
ship  as  described  herein,  shall  become  the  money  of  the  pub- 
lic schools  of  the  township  and  no  tax  heretofore  ordered 
assessed  or  levied  for  school  purposes  in  said  township  or 

other  proceedings  shall  be  invalidated  or  affected  by  means 
of  this  act. 

(292)  §  5928.  SEC.  20.  The  compensation  of  members  of  the  S^Jg^Jf11 
board  of  education  other  than  the  secretary  and  treasurer  officers. 
shall  be  two  dollars  for  attendance  at  each  regular  meeting 

of  the  board.  The  secretary  and  treasurer  of  said  board  shall 
receive  such  compensation  for  their  services  as  the  board  of 
education  may  determine,  not  exceeding  one  hundred  dollars 
for  the  treasurer  and  one  hundred  twenty-five  dollars  for  the 
secretary  per  annum.  The  amount  of  money  necessary  for 
the  services  of  district  officers  shall  be  included  in  the  regu- 
lar budget  voted  by  the  board  of  education  and  shall  be  paid 
from  the  general  fund. 

(293)  §  5929.    SEC.  21.   The  several  township  officers  shall  Board^ 
be  ineligible  to  election  as  members  of  the  board  of  education  officers11* 
during  the  term  for  which  they  were  elected  and  any  votes  cast  ineli&ible- 
for  such  township  officers  for  members  of  the  board  of  edu- 
cation shall  be  void.    It  shall  be  illegal  for  any  member  of  the  JJember  not 
board  of  education  to  act  as  agent  for  any  author,  publisher 

or  seller  of  school  books  or  school  apparatus,  or  to  receive 
any  gift  or  reward  for  his  influence  in  recommending  the  pur- 
chase or  use  of  any  school  book  or  apparatus  in  the  state  of 
Michigan.  It  shall  be  illegal  for  any  member  of  the  board  of 
education  to  perform  any  labor  except  as  provided  in  this 
act,  or  furnish  any  material  or  supplies  for  the  school  dis- 
trict in  which  he  is  an  officer,  and  he  shall  not  be  personally 
interested  in  any  way  whatever,  directly  or  indirectly,  in  any 
contract  with  the  district  in  which  he  holds  office.  Any  act  Penalty, 
herein  prohibited,  if  performed  by  any  such  school  officer, 
shall  be  deemed  a  misdemeanor  and  he  shall  be  liable  to  the 


134 


STATE    OP   MICHIGAN. 


Refusal  to 
accept  office 
or  perform 
duty. 


Removal 
from  office. 


punishment  provided  for  such  offense  in  accordance  with  the 
provisions  of  the  statute  in  such  case  made  and  provided. 

(294)  §  5930.  SEC.  22.  Any  person  duly  elected  to  the  office 
of  trustee  of  any  township  district,  who  shall  neglect  or  refuse 
without  sufficient  cause  to  accept  such  office  and  serve  there- 
in, or  who  having  entered  upon  the  duties  of  his  office  shall 
neglect  or  refuse  to  perform  any  duty  required  of  him  by  vir- 
tue of  his  office,  shall,  upon  conviction  in  any  court  of  com- 
petent jurisdiction,  be  fined  not  less  than  ten  dollars  in  the 
discretion  of  the  court,  and  if  he  shall  still  continue  to  neg- 
lect or  refuse  to  perform  the  duties  he  shall  be  liable  for  a 
similar  forfeiture  for  each  such  offense;  or  any  such  officer 
may  be  removed  from  office  in  the  manner  provided  in  this 
act. 

(295)  §  5931.    SEC.  23.    The  superintendent  of  public  in- 
struction shall  have  power  and  is  hereby  required  to  remove 
from  office,  upon  satisfactory  proof  and  after  at  least  ten  days' 
notice  to  the  party  implicated,  any  trustee  of  any  township 
school  district  who  shall  have  illegally  used  or  disposed  of  any 
of  the  public  moneys  entrusted  to  his  charge,  or  who  shall  per- 
sistently and  without  sufficient  cause  refuse  or  neglect  to  dis- 
charge  any   of   the    duties  of  his  office,  and  in  case  of  such 
removal  it  shall  be  the  duty  of  the  said  state  superintendent 
to  record  in  the  office  of  the  township  clerk  of  such  township 
the  resolution  or  order  for  such  removal,  and  such  record  of 
such  resolution  or  order  so  entered,  or  a  certified  copy  there- 
of, shall  be  prima  facie  evidence  in  all  courts  and  places  of 
jurisdiction   of  the   regularity   of  such   proceedings   for  re- 
moval, and  said  state  superintendent  shall  file  a  similar  copy 
of  the  proceedings  in  the  records  of  his  office:    Provided, 
That  if  the  party  so  removed  shall,  within  thirty  days  after 
such  removal,  institute  proceedings  before  a  court  of  compe- 
tent jurisdiction  for  the  setting  aside  of  such  order  for  re- 
mjoval  from  office,  or  if  after  said  thirty  days  such  proceed- 
ings to  obtain  such  removal    shall  be  discontinued    or    dis- 
missed, the  said  order  for  removal  from  office  shall  stand 
and  not  be  subject  to  attack  by  any  legal  proceedings  there- 
after. 

(296)  §  5932.    SEC.  24.    When  any  township  district  com- 
prising one  township  shall  be  divided  into  two  or  more  town- 
ships or  when  any  two  townships  are  consolidated  for  school 
purposes,  the  existing  board  or  boards  of  trustees  shall  con- 
tinue to  act  for  all  the  townships  until  the  same  shall  have 
been  organized  and  the  township  boards  of  trustees  duly  elect- 
ed and  qualified  therein.    Immediately  after  such  organization 
the  township  boards  of  education  of  each  of  the  townships 
shall  meet  in  joint  session  and  direct  an  appraisal  of  all  the 
school  property  of  the  former  township  to  be  made.     When 
such  appraisal  has  been  made  said  township  boards  of  edu- 
cation shall  make  an  equitable  division  of  the  existing  assets 
and  liabilities  of  the  school  districts  of  such  former  township, 


Proviso, 
when  order 
to  stand. 


Consolidation 
of  townships, 
board  to  act. 


Joint  session, 
appraisal,  etc. 


GENERAL    SCHOOL    LAWS.  135 

basing  their  apportionment  upon  the  amount  of  taxable 
property  in  the  township  divided,  as  shown  by  the  last  assess- 
ment roll  of  such  former  township.  When  a  township  district  Alteration 

,     .        .,       ,.      .,       ,  r  .  ,.  »    .,     of  district. 

shall  be  altered  in  its  limits  by  annexing  a  portion  of  its 
territory  to  another  township  or  towliships,  the  township 
boards  of  education  of  such  townships  shall,  immediately 
after  such  alteration,  meet  in  joint  session  and  make  an 
equitable  division  of  the  assets  and  liabilities  of  the  school 
districts  of  the  township  from  which  the  territory  has  been 
detached,  basing  their  division  upon  the  amount  of  taxable 
property  as  the  same  shall  appear  upon  the  last  assessment 
roll  of  such  township. 

(297)  §  5033.  SEC.  25.  When  any  ten  or  more  qualified  vot-  Appeaijfrom 
ers  in  any  township  district  shall  feel  themselves  aggrieved  by  board.  °f 
any  action,  order  or  decision  of  the  board  of  education  with 
reference  to  the  formation  of  any  school,  the  division  or  ar- 
rangement of  any  territory,  or  location  of  the  schools,  or  the 
maintaining  of  school  in  any  part  of  said  district,  they  may,  at 
any  time  within  ninety  days  from  the  time  of  such  action  on 
the  part  of  said  board  of  education,  appeal  from,  such  action, 
order  or  decision  of  said  board  of  education  to  the  state 
superintendent  of  public  instruction,  and  notice  of  such 
appeal  shall  be  served  on  the  secretary  of  the  board  of  educa- 
tion. The  superintendent  of  public  instruction,  upon  *he  f 
receipt  of  such  appeal,  shall  have  power  to  entertain  such  duty  of. 
appeal,  and  review,  confirm,  set  aside  or  amend  the  action, 
order  or  decision  of  the  board  of  education  thus  appealed 
from,  or  if  in  his  opinion  the  appeal  is  frivolous  or  without 
sufficient  cause,  he  may  summarily  dismiss  the  same.  Said 
state  superintendent  of  public  instruction,  before  acting  upon 
such  appeal,  may  visit  the  locality  or  appoint  some  one  to 
do  so,  and  investigate  carefully  the  action,  order  or  deci- 
sion and  its  effect  upon  the  district  and  the  conditions  sur- 
rounding the  same,  and  he  or  his  appointee  shall  give  a  hear- 
ing at  some  place  within  the  county  where  such  township 
district  may  be  located  and  to  such  hearing  he  may  summon 
the  board  of  education,  the  complainants  and  any  persons 
who  may  have  knowledge  of  the  matter  at  issue.  "After  the 
hearing  and  due  consideration,  said  superintendent  shall  ren- 
der his  decision  which  shall  be  final. 


136 


STATE    OP   MICHIGAN. 


Petition  for 
organization. 


Clerk  to 

notify 

board. 


When  town- 
ship to  be- 
come single 
district. 


Proviso, 
as  to  sub- 
districts. 


TOWNSHIP  SCHOOL  DISTRICTS  IN  UPPER  PENINSULA. 

An  Act  for  the  organization  of  township  school  districts  in  the  upper 

peninsula. 

[Act  176,  P.  A.   1891.] 

The  People  of  the  State  of  Michigan  enact: 

(298)  §  5892.  SECTION  1.  Whenever  the  qualified  elec- 
tors of  any  organized  township  in  the  upper  peninsula  desire 
to  become  organized  into  a  single  school  district,  they  may 
petition  the  township  board  to  proceed  as  hereinafter  pro- 
vided for  organizing  a  township  school  district.  Such  peti- 
tion shall  be  signed  by  a  majority  of  the  electors  of  the  town- 
ship qualified  to  vote  at  school  meetings  and  shall  be  filed  in 
the  office  of  the  township  clerk  at  least  fifteen  days  prior  to 
the  first  day  of  July.  Upon  the  receipt  and  filing  of  said 
petition,  the  township  clerk  shall  notify  the  members  of  the 
township  board  and  the  school  inspectors  of  the  township  to 
attend  a  special  meeting  to  be  held  not  more  than  five  days 
thereafter,  at  which  meeting  it  shall  be  the  duty  of  such 
township  board  to  compare  the  names  signed  to  the  petition 
with  the  names  appearing  on  the  list  of  registered  voters 
qualified  to  vote  at  school  meetings,  and  if  it  be  found  that  a 
majority  of  the  voters  so  qualified  to  vote  have  signed  the 
petition  that  the  organized  township  of  which  they  are  resi- 
dents be  organized  as  a  single  school  district,  the  township 
board  shall  give  notice  by  posting  notices  thereof  in  five 
public  places  in  said  township,  that  on  the  second  Monday 
of  July  the  following  officers  will  be  elected  for  such  school 
district;  and  they  shall  make  and  file,  both  with  the  county 
clerk  and  with  the  county  commissioner  of  schools  of  the 
county  in  which  such  township  is  located,  a  certified  copy  of 
the  above  mentioned  petition,  together  with  their  finding  and 
doings  thereon ;  and  when  the  district  officers  shall  have  been 
duly  elected  and  shall  have  filed  their  acceptance  with  the 
township  clerk,  such  township  shall  become  a  single  school 
district  which  shall  be  subject  to  all  the  general  laws  of  the 
state,  so  far  as  the  same  may  be  applicable,  and  said  district 
shall  have  all  the  powers  and  privileges  conferred  upon 
graded  school  districts  by  the  laws  of  this  state,  all  the  gen- 
eral provisions  of  which  relating  to  common  or  primary 
schools  shall  apply  and  be  enforced  in  said  district,  except 
such  as  shall  be  inconsistent  with  the  provisions  of  this  act : 
Provided,  That,  immediately  after  the  organization  of  the 
township  district,  the  board  of  education  may  divide  the 
township  into  such  number  of  sub-districts  as  they  may  deem 
necessary  for  the  accommodation  of  all  children  of  school 
age  therein,  designating  the  same  as  follows:  Sub-district 
number  one,  sub-district  number  two,  etc. 

Am.  1903,  Act  154. 


GENERAL  SCHOOL  LAWS.  137 

This  act  is  constitutional. — Perrizo  v.  Kesler,  93/280;  Keweenaw  Ass'n 
v.  Sch.  Dist.,  98  /  441.  The  provision  authorizing  the  township  board  and 
school  inspectors  to  determine  whether  a  majority  of  the  qualified  electors  of 
the  township  have  signed  the  petition,  is  sufficient. — Id.  As  to  filing  a  cer- 
tified copy  of  the  petition,  etc.,  with  the  county  commissioner  of  schools, 
instead  of  with  the  secretary  of  the  board  of  school  inspectors,  see  Id.  284. 

(299)  §  5893.  SEC.  2.  The  officers  of  said  district  shall  Board  of  edu- 
consist  of  five  trustees,  who  shall  constitute  the  board  of  edu-  Srffiuted. 
cation  of  said  district,  and  the  term  of  office  shall  be  three 
years.  On  the  second  Monday  of  July  following  the  action  of 
the  township  board,  as  stated  in  section  one  of  this  act,  the 
qualified  voters  of  the  township  shall  proceed  to  elect  from 
their  number,  by  ballot,  one  trustee  for  the  term  of  one  year, 
two  for  the  term  of  two  years  and  two  for  the  term  of  three 
years,  and  annually  thereafter  a  successor  or  successors  to 
the  trustee  or  trustees  whose  term  of  office  shall  expire.  The 
term  for  which  the  person  voted  for  is  intended  shall  be 
designated  on  the  ballot.  The  qualifications  of  voters  and  the 
conditions  of  eligibility  for  office  holding  shall  be  the  same  as 
provided  in  the  general  school  laws.  At  the  first  election  Elections, 
held  in  said  district,  the  township  board  shall  act  as  a  board  dSctedn~ 
of  election,  and  they  shall  canvass  the  votes  in  the  same  man- 
ner as  votes  for  elective  township  officers  are  canvassed.  At 
succeeding  elections  the  qualified  voters  present  shall  desig- 
nate three  qualified  voters  to  act  as  a  board  of  election  and 
board  of  canvassers,  who  shall  respectively  take  and  sub- 
scribe the  constitutional  oath  of  office,  which  oath  any  mem- 
ber of  the  board  pf  trustees  may  administer.  In  the  election 
of  trustees  the  person  or  persons  receiving  a  majority  of  all 
the  votes  cast  shall  be  declared  elected,  and  he  or  they  shall 
hold  office  until  his  or  their  successor  or  successors  shall  have 
been  duly  elected  and  filed  his  or  their  acceptance.  The  Annual 
annual  meeting  of  said  district  shall  occur  on  the  second  wSnheid. 
Monday  of  July  in  each  year,  at  the  usual  place  of  holding 
the  annual  township  meeting,  and  it  shall  be  the  duty  of  the 
secretary  to  give  notice  of  all  annual  meetings  and  of  any 
special  meeting  of  said  district  by  posting  a  written  or 
printed  notice  thereof  in  at  least  five  conspicuous  places  in 
said  township  at  least  five  days  prior  to  said  meeting.  At  the 
first  school  meeting  and  all  succeeding  annual  meetings  the 
polls  shall  open  at  three  o'clock  p.  m.  and  be  kept  open 
four  hours,  during  the  last  hour  of  which  time  the  voters 
shall  transact  such  business  as  may  lawfully  come  before 
them,  according  to  the  provisions  of  section  nine  of  this  act. 
In  all  townships  organized  prior  to  April  first,  nineteen  hun-  First  eicc- 
dred  three,  under  the  provisions  of  act  number  one  hundred  hSd 
seventy-six  of  the  public  acts  of  eighteen  hundred  ninety-one,  townships. 
the  first  election  of  trustees  under  this  act  shall  be  held  on 
the  second  Monday  of  July,  nineteen  hundred  three,  in  the 
manner  provided  in  this  section  for  the  election  in  a  town- 
ship newly  organized  as  a  single  school  district;  and  im- 
mediately thereafter  the  records,  property  and  documents  be- 
longing to  said  district  shall  be  turned  over  to  the  newly 


138 


STATE    OP    MICHIGAN. 


Proviso. 


Officers,  how 
notified  of 
election. 


Proviso. 


Board  of 
education, 
how 
organized. 


Duties  of 
president. 

Secretary. 


Treasurer. 


elected  board  of  education:  Provided,  That  the  district 
officers  elected  at  the  annual  election  in  April,  nineteen  hun- 
dred three,  under  the  provisions  of  act  number  one  hundred 
seventy-six  of  the  public  acts  of  eighteen  hundred  ninety-one, 
shall  act  as  the  board  of  education  until  the  trustees  elected 
on  the  said  second  Monday  in  July,  nineteen  hundred  three, 
shall  have  filed  their  acceptances  and  become  duly  qualified. 

Am.  Id. 

Perrizo  v.  Kesler,  93/283. 

(300)  §  5894.     SEC.  3.    Within  five  days   after   the   first 
election  under  this  act,  the  township  clerk  shall  notify,  in 
writing,  the  persons  elected  trustees  of  their  election,  and 
within  five  days  thereafter  said  trustees  so  elected  shall  take 
and  subscribe  the  oath  of  office  prescribed  by  the  constitution 
of  this  state,  before    any    officer    authorized    to    administer 
oaths,  and  file  the  same  with  the  township  clerk :    Provided, 
That  after  the  district  shall  have  been  organized  under  the 
provisions  of  this  act,  the  members  of  the  board  of  education 
shall  file  their  acceptances  with  the  secretary  of  the  board. 

Am.  Id. 

(301)  §  5895.    SEC.  4.    The  members  of  the  board  of  edu- 
cation shall  meet  on  the  fourth  Monday  of  July  following  the 
first  election  under  this  act  and  elect  from  their  number  a 
president,  a  secretary,  and  a  treasurer,  who  shall  severally 
serve  in  such  capacity  during  his  term  of  office  and  until  his 
successor  shall  have  been  duly  elected  and  duly  qualified. 
The  president  shall  preside   at   all   meetings  of  the  district, 
and  of  the  board,  and  perform  such  other  duties  as  are  re- 
quired of  the  moderator  in  a  primary  school  district.  The  sec- 
retary shall  faithfully  record  all  proceedings  of  annual  and 
special  meetings  of  the  district  and  of  all  meetings    of    the 
board,  receive  and  file  all  records,  papers,  and  other  docu- 
ments belonging  to  the  district,  and  perform  such  other  duties 
as  are  required  of  the  director  in  primary  school  districts.    It 
shall  be  the  duty  of  the  treasurer  in  each  district  to  execute 
and  file  with  the  secretary,  within  ten  days  after  his  election 
or  appointment,  a  bond  in  the  full  amount  of  money  to  come 
into  his  hands  as  such  treasurer  during  his  term  of  office, 
as  near  as  the  same  can  be  ascertained,  with  two  sufficient 
sureties  who  shall  be  residents  of  the  same  county,  or  shall 
furnish  a  similar  bond  of  some  surety  company  authorized 
to  do  business  in  this  state,  to  be  approved  by  the  president 
and  secretary  of  the  board,  conditioned  for  the  faithful  per- 
formance of  his  duties  under  this  act,  and  honestly  account- 
ing for  all  moneys  coming  into  his  hands  belonging  to  said 
district.     It  shall  be  the  duty  of  the  treasurer  of  said  board 
to  apply  for  and  receive    from    the   township    treasurer,    or 
other  officer  holding  the  same,  on  the  presentation  of  a  war- 
rant signed  by  the  president  and  secretary    of    the    school 


GENERAL  SCHOOL  LAWS.  139 

board,  all  moneys  appropriated  or  apportioned  for  primary 
schools  and  for  district  library  of  said  district.  The  said 
treasurer  shall  have  the  keeping  of  all  school  and  library 
moneys,  and  shall  not  pay  out  the  same  without  the  author- 
ity of  the  board,  upon  warrants  or  orders  drawn  upon  him 
and  signed  by  the  secretary  and  countersigned  by  the  presi- 
dent; and  he  shall  perform  such  other  duties  as  are  required 
of  the  treasurer  in  primary  school  districts. 

Am.  Id. 

(302)  §  5806.     SEC.  5.     Said    board    of    education    shall  Vacancies. 
have  power  to  fill  all  vacancies  that  may  occur  in  the  office 

of  trustee  until  the  next  annual  election,  and  such  trustee 
shall  file  with  the  secretary  of  said  board  his  oath  of  office 
within  five  days  after  such  appointment  by  the  board. 

Am.  Id. 

(303)  §  5897.     SEC.  6.     A  majority  of  the  members  of 
said  board  shall  constitute  a  quorum,  and  the  regular  meet- 
ings  of  said  board  shall  be  held  on  the  fourth  Monday  of 
March,  June,  September,  and  December  in  each  year,  and  no 
notice  of  such  meeting  shall  be  required,  and  any  two  mem- 
bers of  said  board  shall  be  sufficient  to  adjourn  any  meeting 
from  time  to  time  until  a  quorum  is  present.     Special  meet- 
ings of  said  board  may  be  called  at  any  time  on  the  request 
of  the  president,  or  any  two  members  thereof,  in  writing,  de- 
livered to  the  secretary;  and  the  secretary,  upon  receiving 
such  request,  shall  at  once  notify  each  member  of  said  board 
of  the  time  of  holding  such  meeting,  which  shall  be  at  least 
two  days  subsequent  to  the  time  of  receiving  such  request  by 

said  secretary :  Provided,  That  in  case  all  the  members  shall  Proviso, 
sign  a  waiver  of  notice  on  the  minute  book  of  the  secretary 
no  notice  shall  be  necessary.  All  records  and  papers  of  said 
district  shall  be  kept  in  the  custody  of  said  secretary  and 
shall  be  open  to  the  inspection  of  any  qualified  voter  of  said 
district. 

Am.  Id. 

Schafer  v.   Sch.  Dist,   116/206. 

(304)  §  5898.    SEC.  7.    The  said  board  shall  be  the  board  TO  be  board 
of  school  inspectors  for  said  district  and  shall,  as  such,  re-  SLpectore. 
port  to  the  clerk  of  the  county  in  which  such  township  is 
located  and  shall  have  all  the  powers  and  perform  all  the 

duties  now  enjoyed  and  performed  by  boards  of  school  in- 
spectors; and  the  secretary  of  said  board  shall  perform  all 
the  duties  required  by  law  of  the  chairman  of  the  board  of 
school  inspectors ;  and  the  board  of  school  inspectors  for  such 
township  is  hereby  abolished,  except  as  its  powers  are  vested 
in  said  board  of  education. 

Am.  Id. 


140 


STATE    OF    MICHIGAN. 


Powers  and 
duties. 


(305)  §  5899.  SEC.  8.  The  board  of  education  of  said 
district  shall  have  power  and  authority  to  designate  and  pur- 
chase schoolhouse  sites,  erect  buildings  and  furnish  the  same, 
employ  legally  qualified  teachers,  provide  books  for  district 
library,  make  by-laws  relative  to  taking  the  census  of  all 
children  in  said  district  between  the  ages  of  five  and  twenty 
years,  and  to  make  all  necessary  reports  and  transmit  the 
same  to  the  proper  officers  as  designated  by  law,  so  that  the 
district  may  be  entitled  to  its  proportion  of  the  primary 
school  interest  fund;  and  said  board  shall  have  authority  to 
make  all  needful  regulations  and  by-laws  relative  to  the 
visitation  of  schools;  relative  to  the  length  of  time  school 
shall  be  kept,  which  shall  not  be  less  than  five  months  in 
each  year;  relative  to  the  employment  of  teachers  duly  and 
legally  qualified ;  relative  to  the  regulation  of  schools  and  the 
books  to  be  used  therein ;  and  generally,  to  do  all  things 
needful  and  desirable  for  the  maintenance,  prosperity,  and 
success  of  the  schools  of  said  district,  and  the  promotion  of 
a  thorough  education  of  the  children  thereof.  When  in  any 
contiguous  territory  of  said  township  district  there  are  ten 
or  more  children  of  school  age,  living  not  less  than  three 
miles  nor  more  than  eight  miles,  from  any  schoolhouse  in 
said  district,  the  board  of  education  shall,  upon  the  petition 
of  a  majority  of  the  parents  or  legal  guardians  of  said  chil- 
dren, provide  school  advantages  for  such  children,  either  by 
establishing  a  sub-district,  or  by  providing  transportation  to 
some  school  already  established  within  the  township. 

Am.  Id. 

Perrizo  v.  Kesler,  93/283. 


Electors  to 
determine 
amount  to 
be  raised. 


Proviso  as 
to  neglect. 


Proviso  as 
to  amount. 


Taxes  to 
be  set  forth 
in  roll. 


(306)  §  5900.  SEC.  9.  At  each  annual  school  meeting 
held  in  said  township,  the  qualified  voters  present  shall  deter- 
mine the  amount  of  money  to  be  raised  by  tax  for  all  school 
purposes  for  the  ensuing  year:  Provided,  That  in  case  the 
voters  at  any  annual  school  meeting  shall  neglect  or  refuse 
to  determine  the  amount  to  be  raised  as  aforesaid,  then  the 
board  of  education  shall  determine  the  same  at  the  first  reg- 
ular meeting  thereof,  which  amount  the  secretary  shall,  with- 
in thirty  days  thereafter,  certify  to  the  supervisor  of  the 
township,  who  shall  spread  the  same  upon  the  regular  tax 
roll  of  said  township,  and  the  same  shall  be  levied,  collected 
and  returned  in  the  same  manner  as  other  township  taxes: 
Provided,  That  for  purchasing  school  lots  and  for  erecting 
school-houses  no  greater  sum  than  three  mills  on  the  dollar 
of  all  the  taxable  valuation  of  the  real  and  personal  prop- 
erty in  said  township  shall  be  levied  in  any  one  year. 


Am.  la. 

Auditor   General   v.   Duluth,    South    Shore,   etc.,   116  / 122 ;    Auditor   General 
v.   Sparrow,   116/576. 

(307)      §  5901.     SEC.  10.     All  taxes  assessed  within  said 
township  for  school  purposes  shall  be  set  forth  in  the  Assess- 


GENERAL  SCHOOL  LAWS.  141 

ment  roll  of  said  township,  in  a  separate  column,  apart  and 
distinct  from  all  other  township  taxes. 

Am.  Id. 

(308)  §  5902.     SEC.  11.     The    treasurer  of  the  township  Treasurer 
shall,  at  any  time,  at  the  written  request  of  said  board  of  to  board, 
education,  report  to  said  board  the  amount  of  school  money 

in  his  hands,  and  shall,  on  the  order  of  the  secretary  of  said 
board  of  education,  countersigned  by  the  president,  pay  to 
the  treasurer  of  said  board,  all  or  any  of  such  money. 

Am.  Id. 

(309)  §  5903.     SEC.  12.     The  said  board  shall  annually,  Board  to 
prior  to  the  second  Monday  of  July  in  each  year,  make  a  SalSnent!1^ 
detailed  statement  of  the  number  of  schools  in  said  district, 

the  number  of  teachers  employed,  the  number  of  pupils  in- 
structed therein  during  the  preceding  year,  the  expenditures 
of  said  board  for  all  purposes,  the  resources  and  liabilities  of 
s.-iid  district,  and  also  an  estimate  of  the  necessary  expenses 
for  the  ensuing  year  exclusive  of  the  income  from  the  pri- 
mary school  interest  fund  and  one  mill  tax,  which  report  or 
statement  shall  be  entered  at  length  in  the  record  of  said 
board  and  shall  be  publicly  read  by  the  president  of  said 
board,  or  in  his  absence  by  the  secretary  thereof,  to  the 
voters  of  said  township,  at  their  annual  meeting  on  the  second 
Monday  of  July. 

Am.  Id. 

(310)  §  5904.     SEC.  13.     All    school  property,    both    real  Disposition 
and  personal,  within  the  limits  of  a  township  incorporated  property. 
as  aforesaid,  shall,  by  force  of  this  act,  become  the  property 

of  the  public  schools  of  such  township,  and  all  debts  and 
liabilities  of  the  primary  school  districts  of  said  township, 
as  they  existed  prior  to  its  incorporation  under  the  provi- 
sions of  this  act,  shall  become  the  debts  and  liabilities  of 
said  public  schools  of  the  township  so  incorporated. 

Am.  Id. 

While  the  injustice  and  inequality  of  this  section  may  well  be  admitted  in 
certain  cases,  yet  there  is  no  constitutional  objection  to  it. — Perrizo  v.  Kes- 
ler,  93/283-4. 

(311)  §  5905.     SEC.  14.    All  money  raised  or  being  raised  of  moneys 
by  tax,  or  accrued  or  accruing  to  the  school  districts  of  said  fax.ed  by 
township,  as  organized  under  the  primary  school  laws  of  this 

state  shall  hereby  become  the  money  of  the  public  schools  of 
the  township,  and  no  tax  heretofore  ordered  assessed  or 
levied  for  school  purposes  in  said  township,  or  other  proceed- 
ings, shall  be  invalidated  or  affected  by  means  of  this  act. 

Am.  Id. 

(312)  §  5906.     SEC.  15.     The  compensation  of    the   mem-  compensation 
bers  of  the  board  of  education  other  than  the  secretary  and  of  board- 


142 


STATE    OP   MICHIGAN. 


"treasurer  shall  be  two  dollars  for  attendance  at  each  regular 
meeting  of  the  board.  The  secretary  and  treasurer  of  said 
board  shall  receive  such  compensation  for  their  services  as 
the  board  of  education  may  determine,  not  exceeding  one 
hundred  dollars  for  the  treasurer  and  one  hundred  twenty- 
five  dollars  for  the  secretary,  per  annum. 


In  case  of 
division  of 
township. 


Alteration, 
etc. 


Am.  Id. 

(313)  §  5907.  SEC.  16.  When  any  township  district 
shall  be  divided  into  two  or  more  townships,  the  existing 
board  of  trustees  shall  continue  to  act  for  all  the  townships 
until  the  same  shall  have  been  organized  and  the  township 
boards  of  trustees  duly  elected  and  qualified  therein.  Imme- 
diately after  such  organization  the  township  boards  of  educa- 
tion of  each  of  the  townships  shall  meet  in  joint  session  and 
direct  an  appraisal  of  all  the  school  property  of  the  former 
township  to  be  made.  When  such  appraisal  has  been  made, 
said  township  boards  of  education  shall  make  an  equitable 
division  of  the  existing  assets  and  liabilities  of  the  school 
districts  of  such  former  township,  basing  their  apportion- 
ment upon  the  amount  of  taxable  property  in  the  township 
divided,  as  shown  by  the  last  assessment  roll  of  such  former 
township.  When  a  township  district  shall  be  altered  in  its 
limits  by  annexing  a  portion  of  its  territory  to  another  town- 
ship or  townships,  the  township  boards  of  education  of  each 
of  the  townships  shall,  immediately  after  such  alteration, 
meet  in  joint  session  and  make  an  equitable  division  of  the 
assets  and  liabilities  of  the  school  districts  of  the  township 
from  which  the  territory  has  been  detached,  basing  .their 
division  upon  the  amount  of  taxable  property  as  the  same 
shall  appear  upon  the  last  assessment  roll  of  such  township. 

Section'  17,   added   1909,    Act  7,   repealed   all   contravening   acts. 
Sections  17  and   18  of  this  act  as  added  by  Act  154  of  1903  were  repealed 
by  Act  7  of  1909. 


Boundaries, 
how  estab- 
lished, etc. 


BOUNDARIES  OF  SCHOOL  DISTRICTS  IN  CITIES. 

An  Act  in  relation  to  the  boundaries  of  school  districts  in  cities, 
and  the  boundaries  of  school  districts  which  have  been  fixed  by 
legislative  act. 

[Act  86,   P.   A.   1909.] 

The  People  of  the  State  of  Michigan  enact: 

(314)  §  5860.  SECTION  1.  Whenever  a  change  in,  or  the 
establishment  of,  the  boundaries  of  a  school  district  of  any 
city  is  desired  or  becomes  necessary,  such  change  or  estab- 
lishment may  be  made  by  the  joint  action  of  the  board  of 
education  of  such  district  or  the  board  of  trustees  of  such 


GENERAL  SCHOOL  LAWS.  143 

city  and  the  township  board  of  the  township  in  which  the 
territory  may  be  located,  or  the  township  boards  if  the  terri- 
tory affected  is  located  in  more  than  one  township,  adjoin- 
ing such  district.  Whenever  any  change  is  contemplated  in  Board  of 
regard  to  the  boundaries  of  the  school  district,  and  a  ma-  Suty'of.' 
jority  of  the  members  of  the  board  of  education  or  board  of 
trustees  shall  vote  in  favor  thereof,  it  shall  be  the  duty  of 
said  board  to  elect  four  of  its  members  as  a  committee  to 
meet  with  the  proper  township  board  in  the  joint  meeting 
herein  authorized,  and  the  secretary  of  the  board  of  educa- 
tion or  board  of  trustees  shall  notify  the  township  board  or 
boards  of  the  township  or  townships  in  which  the  territory 
intended  to  be  attached  to  or  detached  from  the  school  dis- 
trict is  located,  that  a  joint  meeting  of  such  township  board  Joint  meet- 
or  boards  will  be  held  with  the  committee  of  the  board  of  ing3>  n( 
education  or  board  of  trustees  of  the  city  at  a  place,  on  a 
date  and  at  an  hour  named  in  said  notice,  but  not  within 
ten  days  of  the  date  of  such  notice.  The  secretary  of  the  HOW  made, 
board  of  education  or  board  of  trustees  shall  notify  the 
township  board  or  boards,  through  the  township  clerk  of 
such  township  or  townships,  and  he  shall  also  notify  the 
committee  representing  the  members  of  the  board  of  educa- 
tion of  the  city  of  the  time  and  place  of  such  meeting.  It 
shall  be  the  duty  of  each  member  of  each  board  or  committee 
to  attend  such  meeting.  When  the  joint  boards  and  com- 
mittee  have  assembled  they  shall  elect  from  their  number 
a  chairman  and  a  clerk  and  shall  proceed  to  consider  the 
changes  contemplated  and  it  shall  require  a  majority  of  all 
the  members  elect  of  the  joint  boards  for  affirmative  action. 
The  provisions  of  this  act  shall  apply  to  all  school  districts, 
the  boundaries  of  which  have  been  fixed  by  legislative  act,  and 
to  school  districts  governed  by  the  fourth  class  city  act. 
When  said  joint  boards  have  made  alterations  in  the  bound-  Maps, 

.    J       .        «•!....  alterations  of. 

aries  of  the  school  district,  they  shall  prepare  a  map  show- 
ing in  detail  the  boundaries  of  the  original  school  district 
and  the  boundaries  of  the  territory  annexed  or  detached, 
and  a  copy  of  such  map  shall  be  kept  on  file  in  the  office  of  Filing  of. 
the  secretary  of  the  board  of  education  or  board  of  trustees, 
and  in  the  office  of  the  township  clerk  or  clerks  of  the  town- 
ship or  townships  in  which  the  territory  may  be  located. 

(315)  §  5861.  SEC.  2.  Any  persons  residing  on  territory  ad-  May  peti- 
joining  any  city  district,  or  in  any  school  district  the  bounda- 
ries of  which  have  been  fixed  by  legislative  act,  who  desire  to 
have  their  property  attached  to  or  detached  from  such  school 
district,  may  petition  the  board  of  education  or  the  board 
of  trustees  thereof  to  have  such  territory  annexed  or  de- 
tached, as  the  case  may  be,  and  when  such  petition  has  been 
received  the  secretary  of  the  board  of  education  or  the  board 
of  trustees  shall  proceed  as  hereinbefore  stated  and  call  a 
meeting  of  the  board  of  education  or  board  of  trustees,  and 
the  township  board,  to  take  action  on  such  petition. 


144 


STATE    OP   MICHIGAN. 


School 
matters, 
provisions 
governing. 


Certificate. 


Taxes, 
apportion- 
ment of. 


(316)  §  5862.  SEC.  3.  When  any  territory  shall  be  attached 
to  or  detached  from  the  school  district  of  any  city,  or  any 
school  district  the  boundaries  of  which  have  been  fixed  by 
legislative  act,  in  pursuance  of  the  provisions  of  this  act,  it 
shall  in  all  things  relative  to  school  matters  be  governed  by 
the  provisions  of  the  law  in  force  and  governing  such  district 
at  the  time  the  change  of  boundaries  is  made. 

(317)  §  5863.   SEC.  4.   The  board  of  education  or  the  board 
of  trustees  of  any  district  which  by  reason  of  the  provisions  of 
this  act  is  extended  beyond  the  limits  of  any  single  munici- 
pality, shall,  within  the  time  provided  by  law,  for  certifying 
taxes  by  township  clerks,  certify  to  the  board  of  supervisors 
all  amounts  to  be  raised  therein  for  school  purposes.     The 
board  of  supervisors  shall,  in  accordance  with  law,  apportion 
such  school  taxes  to  the  several  municipalities  possessing  ter- 
ritory in  such  district  in  proportion  to  the  assessed  valua- 
tion  of  each   municipality  within   such  district,   and     shall 
certify  the  same  to  the  proper  officer  thereof. 


CLASSIFICATION  OF  CERTAIN  SCHOOL  DISTRICTS. 

An  Act  to  classify  all  school  districts,  now  in  existence  or  hereafter 
created,  which  shall  have  a  population  of  five  hundred  or  more  and 
less  than  seventy-five  thousand  as  districts  of  the  third  or  fourth 
classes;  to  provide  for  the  government,  control  and  administration 
of  such  school  districts  and  the  schools  therein  through  boards  of 
education;  to  provide  for  the  manner  of  nomination  and  election 
of  such  boards  and  their  powers  and  duties;  and  to  repeal  all  gen- 
eral or  special  laws  that  conflict  with  the  provisions  of  this  act. 

[Act   166,   P.   A.   1917.] 

The  People  of  the  State  of  Michigan  enact: 


Continuation 
of  districts. 


(318)  SECTION  1.  Each  and  every  school  district  now  or- 
ganized and  existing  under  the  laws  of  this  state,  and  any 
school  district  or  districts  which  hereafter  may  be  formed 
and  organized  under  the  said  laws,  which  has  a  population 
of  five  hundred  or  more  and  less  than  seventy-five  thousand, 
shall  constitute  and  continue  to  be  a  school  district  under 
this  act,  to  be  designated  and  known  as  the  "School  District 
of  (here  insert  the  name  of  the  city,  vil- 
lage or  township  in  which  the  whole  or  the  greater  part  of 
said  school  district  is  situated),"  with  ^the  same  territorial 
limits  which  it  now  has  or  shall  have  when  formed  and  or- 
ganized: Provided,  That  the  territorial  limits  of  any  school 
district  may  be  increased  or  decreased  at  any  time  by  con- 
solidation, division  or  otherwise  in  accordance  with  the  laws 
of  this  state. 

classification.        (319)     SEC.  2.     The  said  several  school  districts  shall  be 
and  hereby  are  divided  into  two  classes  as  follows : 


Proviso, 

territorial 

limits. 


GENERAL  SCHOOL  LAWS.  145 

(a)  Each  school  district  having  a  population  of  twelve 
thousand  or  more  and  less  than  seventy-five  thousand,  shall 
be  a  school  district  of  the  third  class ; 

(b)  Each  school  district  having  a  population  of  five  hun- 
dred or  more  and  less  than  twelve  thousand  shall  be  a  school 
district  of  the  fourth  class. 

(320)  SEC.  3.    In  each  and  every  school  district  described  Computation 
in  section   one  of  this  act  which  embraces  all  of  the  terri-  of  popul 
tory  comprised  in  a  city,  village  or  township,  and  only  that, 

or  which  embraces  all  of  the  territory  comprised  in  one  or 
more  wards  of  a  city  and  only  that,  or  which  embraces  all  the 
territory  comprised  in  a  city  and  township,  a  village  and  town- 
ship, or  two  or  more  townships,  and  only  that,  the  latest 
United  States  census  as  set  forth  in  the  official  report  thereof 
shall  be  the  basis  on  which  the  population  of  said  school  dis- 
trict shall  be  computed. 

(321)  SEC.  4.     In  every  other  school  district  described  in  idem, 
said  section  the  population  shall  be  determined  by  multiply- 
in  g  the  number  of  school  children  of  that  district,  as  shown 

by  the  annual  school  census,  provided  for  by  the  laws  of  this 
state,  taken  in  the  year  in  which  the  latest  United  States 
census  is  taken,  by  the  quotient  obtained  by  dividing  the 
total  population  of  the  county  in  which  the  said  district  or 
the  greater  portion  thereof  is  situated,  as  shown  by  the  re- 
port of  the  latest  United  States  census,  by  the  total  number 
of  school  children  of  the  said  county,  as  shown  by  the  school 
census  for  the  year  in  which  the  latest  United  States  census 
is  taken. 

(322)  SEC.  5.    No  change  shall  be  mjade  by  any  school  dis-  change 
trict  from  one  class  of  school  districts  to  another  except  after  of 
the  taking  of  a  United  States  census  which  shall  show  the 
population  of  such  school  district  to  be  such  as  to  entitle  it 

to  make  such  change,  or  except  after  the  taking  of  a  United 
States  census  the  method  of  computation  provided  for  in 
section  four  of  this  act  shall  show,  in  a  district  where  it  is 
proper  to  use  it,  that  the  population  of  said  district  is  such 
as  to  entitle  it  to  change  from  one  class  of  school  districts 
to  another,  or  except  where  the  population  of  two  districts 
consolidated  subsequent  to  the  taking  of  the  latest  United 
States  census  and  ascertained  from  the  official  report  of 
such  census,  or,  in  a  proper  case,  by  the  method  of  compu- 
tation provided  for  in  section  four  of  this  act,  is  such  as  to 
entitle  the  consolidated  district  to  be  in  &  class  different 
from  the  class  of  either  of  the  districts  consolidated. 

(323)  SEC.   6.     Whenever  hereafter    any    territory  shall  Annexed 
be  annexed  to   any  city,  village  or  township    forming    the  terntory- 
whole  or  a  part  of  a  school  district  of  the  third  or  fourth 
class,  the  territory  so  annexed  shall  become  a  part  of  the 
contiguous  school  district  embracing  the  whole  or  some  part 

of  said  city,  village  or  township,  and  all  property    of    any 
school   district,   situated   wholly  upon   the  territory   so   an- 
19 


146 


STATE    OP   MICHIGAN. 


Body 
corporate. 


nexed,  shall  become  the  property  of  the  school  district  to 
which  the  said  territory  is  adjoined,  and  said  last  named 
district  shall  assume  and  pay  such  proportion  of  the  then 
existing  school  indebtedness  of  the  district  from  which  such 
territory  is  taken  as  the  assessed  value  of  the  taxable  prop- 
erty in  the  territory  annexed  shall  bear  to  the  total  assessed 
value,  before  such  annexation  was  made,  of  the  taxable  prop- 
erty of  the  entire  district  from  which  such  territory  is  taken, 
the  value  as  shown  by  the  assessment  roll  for  the  year  pre- 
ceding the  annexation  to  be  used  as  the  basis  of  the  com- 
putation. 

(324)  SEC.  7.    Each  and  every  school  district  described  in 
section  one  of  this  act  shall  be  a  body  corporate,  under  the 
name  aforesaid,  may  sue  and  be  sued  in  its  own  name,  may 
acquire  and  take  property,  both  real  and  personal,  for  edu- 
cational purposes,  by  purchase,  gift,  grant,  devise  or  bequest, 
may  hold  and  use  the  same  for  such  purposes,  and  may  sell 
and  convey  the  same  as  the  interests  of  the  said  school  dis- 
trict may  require,  subject  to  the  conditions  herein  contained 
and  to  the  general  school  law  of  this  state.     As  such  body 
corporate  each  and  every  said  school  district  shall  be  the 
successor    of    any    school    district    corporation    heretofore 
existing   within    the   same   territorial    limjts,   and    shall   be 
vested  with  the  title  to  all  property,  real  or  personal,  now 
or  hereafter  vested  in  the  corporation  of  which  it  is  the  suc- 
cessor, and  the  indebtedness  and  obligations  of  the  corpora- 
tion superseded  shall  become  and  be  the  indebtedness  and 
obligations  of  the  succeeding  corporation  under  this  act. 

(325)  SEC.  8.     In  each  respect  and  matter  not  hereinbe- 
fore provided  for,  every  school  district  of  the  fourth  class 
hereunder  shall  be  subject  to  and  governed  by  the  provisions 
of  the  law  for  graded  school  districts. 

(326)  SEC.  9.     In  each  school  district  of  the  third  class 
hereunder  the  board  of  education  shall  consist  of  six  mem- 
bers, two  of  those  elected  at  the  first  election  held  under  this 
act  shall  serve  for  two  years,  two  for  four  years  and  two 
for  six  years;  thereafter  at  the  next  school  election  imme- 
diately preceding  the  expiration  of  the  respective  terms  of 
these  officers  their  successors  shall  be  elected  to  serve  for 
terms  of  six  years  and  until  their  successors  are  elected  and 
qualify:    Provided,  That  the  members  of  the  board  of  edu- 
cation elected  prior  to  the  adoption  of  this  act  in  any  such 
school  district  shall  continue  in  office  until  the  expiration 
of  the  respective  terms  for  which  they  were  elected,  or  until 
their  respective  offices  shall  become  vacant  in  the  manner  here- 
inafter provided  in   section  twenty,   and  with  the  six  new 
members  elected  at  the  first  election  under    this    act    shall 
constitute  the  first  board  of  education  hereunder.     The  term 
of  office  of  each  member  shall  commence  on  the  second  Mon- 
day in  July  following  his  or  her  election,  and  the  school  and 
fiscal  year  shall  begin  on  that  date. 


Fourth-class 
districts. 


Board  of 
education, 
third-class 
district. 


Proviso, 
continuation 
in  office. 


Term  of  office, 


GENERAL  SCHOOL  LAWS.  147 

(327)  SEC.  10.    The  regular  annual  school  election  in  each  Annual  school 
school  district  cf  the  third  class  shall  be  held    at   the   time 
specified  by  the  law  in  force  in  said  district,  when  this  law 

shall  go  into  effect,  but  the  time  for  holding  such  election 
may  be  changed  to  the  first  Monday  in  June  of  each  year  in 
any  such  school  district,  if  a  majority  of  the  qualified  school 
electors  voting  in  said  district  voting  thereon  vote  in  favor 
of  such  change  at  a  regular  or  special  election  at  which  the 
question  of  such  change  is  properly  submitted  to  the  voters 
of  said  district.  The  members  of  the  board  of  education  in 
all  school  districts  of  the  third  class  hereunder  shall  be 
elected  at  the  regular  annual  school  election. 

(328)  SEC.  11.     Special  elections  may  be  called  by  the  special^ 
board  of  education  in  any  school  district  of  the  third  class 
hereunder  at  such  times  and  places  in  such  district  as  they 
shall  designate,  and  it  shall  be  the  duty  of  such  board  to  call 

such  an  election  on  receipt  of  the  written  request  of  not  less 
than  twenty-five  of  the  legal  school  voters  of  the  district,  by 
giving  the  notice  hereinafter  prescribed.  No  special  election 
shall  be  called  unless  the  question  to  be  voted  on  and  de- 
cided thereat  may  lawfully  be  submitted  at  such  election, 
and  all  questions  to  be  submitted  at  such  election  shall  be 
stated  briefly  in  the  notice  thereof. 

(329)  SEC.  12.    At  any  regular  or  special  election  in  any  Q^Jed 
district    of    the    third    class  hereunder,  every  citizen  of  the  Sector, 
United  States  of  the  age  of  twenty-one  years  or  over,  male  deflned- 
or  female,  who  owns  property  which  is  assessed  for  school 
taxes  in  such  district,  or  who  is  the  parent  or  legal  guardian 

of  any  child  of  school  age  included  in  the  school  census  of 
such  district,  and  who  has  resided  in  said  district  at  least 
three  months  next  preceding  such  election,  shall  be  a  qual- 
ified school  elector.    Any  qualified  school  elector  of  any  such  Qualifications 
district  who  is  the  owner  in  his  or  her  own  right  of  proper- members, 
ty  assessed  for  school  taxes  in  said  district  and  whose  name 
appears  on  the  assessment  roll  of  said  district  at  the  time 
of  a  school  election  shall  be  eligible  to  be  chosen  as  a  mem- 
ber of  the  board  of  education  for  that  district  at  said  elec- 
tion :   Provided,  That  where  a  husband  and  wife  own  proper-  Proviso, 
ty  jointly,  which  appears  on  the  assessment  roll  in  the  name 
of  one  of  them  only,  each  shall  be  eligible  to  be  chosen  as  a 
member  of  the  board  of  education  for  the  district  where  they 
are  voters  and  their  property  is  situated. 

(330)  SEC.  13.     In  any  school  district  of  the  third  class 
hereunder  where  the  annual  school  election  is  held  at  the 

same  time  as  the  city,  village  or  township  election,  the  board  at  3ame  time- 
of  registration,  the  election  commissioners    and    inspectors 
and  other  election  officials  provided  by  law  for  such  city,  vil- 
lage or  township  election  shall  act  in  their  respective  capa- 
cities for  said  school  election,  but  the  registration  and  poll  Registration 
books  of  the  school  electors  shall  be  kept  separate  and  apart  at 
from  all  others  and  separate  ballot  boxes  shall  be  used  for 
the  school  election. 


148 


STATE    OP   MICHIGAN. 


When  held  at 
other  times. 


Precincts, 
when  diyided, 
notice  given. 


Ballot  boxes 
and  supplies. 


Election  com- 
missioners. 


Board  of 
registration. 

Election 
inspectors. 


Vacancies. 


Idem. 


Oath. 


Per  diem  for 
services. 


(331)  SEC.  14.  In  any  school  district  of  the  third  class 
hereunder  where  the  school  election  is  held  at  another  time 
than  the  time  for  holding  the  city,  village  or  township  elec- 
tion, the  board  of  education  shall  divide  said  district  into 
such  voting  precincts  as  in  its  judgment  shall  be  necessary 
for  the  school  registration  and  election.  Such  divisions  shall 
be  made  at  least  twenty  days  prior  to  the  first  election 
held  under  this  act,  and  a  notice  containing  a  diagram  of 
the  boundaries  of  each  precinct,  with  a  plain  description  and 
the  number  thereof,  shall  be  posted  and  published  with  the 
notice  of  registration  hereinafter  provided  for.  In  any  such 
district  the  board  of  education  shall  also  provide  such  bal- 
lot boxes,  poll  lists  and  other  supplies  or  equipment  as  may 
be  necessary  or  proper  for  conducting  the  school  registra- 
tipns  and  elections  in  said  district,  shall  act  themselves  as 
a  board  of  election  commissioners  for  such  district,  and  shall 
appoint  three  qualified  school  electors  in  each  voting  precinct 
of  said  district  to  compose  a  board  of  registration  and  three 
qualified  school  electors  in  each  such  precinct  to  compose  a 
board  of  election  inspectors  therefor,  and  such  other  officers, 
if  any,  as  may  be  necessary  to  carry  on  the  school  registra- 
tion and  election  in  such  district.  Such  appointments  shall 
be  made  at  least  ten  days  prior  to  the  time  for  conducting 
the  registration  or  election,  as  the  case  may  be,  and  the  sec- 
retary of  the  board  of  education  shall  notify  each  person  so 
appointed  of  his  appointment.  No  person  shall  serve  on  such 
boards  or  as  an  election  officer  at  a  school  election,  unless 
he  or  she  is  a  qualified  school  elector  and  resides  in  the  pre- 
cinct for  which  he  or  she  is  appointed,  but  the  same  person 
may  be  appointed  as  a  member  of  both  boards.  In  the  event 
that  an  appointee  is  unable  or  refuses  to  act,  the  board  of 
education  before  the  time  set  for  the  registration  or  elec- 
tion may  appoint  another  elector  to  take  his  or  her  place 
on  the  board  or  boards  or  as  such  officer.  If  any  of  the  per- 
sons so  appointed,  for  any  reason,  do  not  appear  at  the  time 
and  place  designated  for  such  registration  or  election,  the 
member  or  members  of  the  said  board  of  registration  or  elec- 
tion inspectors  present,  or  if  no  such  member  be  present,  the 
electors  who  are  present  at  the  place  of  registration  or  elec- 
tion, may  choose  a  sufficient  number  of  electors  to  take  the 
place  or  places  on  the  board  of  the  member  or  members  who 
do  not  appear.  Each  member  of  such  board  of  registration 
or  election  and  any  other  election  officer  appointed,  before 
entering  upon  his  duties  shall  take  and  subscribe  the  con- 
stitutional oath  of  office,  to  be  administered  by  any  member 
of  the  board  of  education.  The  members  of  either  of  said 
boards  of  registration  or  election  inspectors  may  administer 
oaths  in  proper  cases  to  persons  applying  for  registration 
or  offering  to  vote.  Each  member  of  the  board  of  registra- 
tion or  election  inspectors  and  each  other  election  officer 
appointed  by  the  board  of  education  of  any  district  shall  re- 


GENERAL  SCHOOL  LAWS.  149 

ceive  two  dollars  per  day  for  his  services,  the  same  to  be 
audited,  passed  and  paid  in  the  same  manner  as  other  claims 
against  said  board  of  education,  but  in  any  district  where 
the  registration  or  election  officers  for  the  city,  village  or 
township  election  act  at  the  same  time  as  officers  for  the 
school  registration  or  election  they  shall  receive  no  pay  for 
such  services  in  addition  to  the  pay  which  they  receive  for 
acting  at  the  city,  village  or  township  election  or  registra- 
tion. When  the  school  registration  is  completed  the  regis- 
tration books  shall  be  turned  over  to  the  proper  officials  for 
use  by  them  on  election  day.  In  any  district  of  the  third  Polls,  time 
class  hereunder  where  the  school  registration  or  election  is  operu 
not  held  at  the  same  time  as  the  city,  village  or  township 
registration  or  election  the  polls  shall  be  open  for  registra- 
tion and  voting  for  such  length  of  time  as  the  board  of  edu- 
cation may  prescribe. 

(332)      SEC.  15.     No  elector  of  any  school  district  of  the  votes 
third  class  hereunder  not  registered  as  herein  provided  shall 8^ 
be  entitled  or  permitted  to  vote  at  any  annual  or  special 
election  of  said  school  district  unless  his  or  her  vote  be  sworn 
in  substantially  as  is  provided  by  the  general  election  law. 
The  registration  of  the  qualified  electors  in  every  such  dis- 
trict  shall  be  made  in  each  voting  precinct  thereof,  and  the 
name,    sex    and    address    of    each    person    registering    and 
whether  he  or  she  is  the  owner    of   property    assessed    for 
school  taxes  and  a  parent  or  legal  guardian  of  a  child  or 
children  of  school  age  shall  be  specified  in  the  book  or  books 
used  for  school  registration.     Such  registration  shall  in  all 
respects  not  herein  specified  be  conducted  as  near  as  may  be 
in  the  same  manner  as  the  registration  prescribed  by  the  gen- 
eral election  laws.    All  laws  of  this  state  for  preserving  the 
purity  of  elections  and  for  preventing  fraud  and  corruption 
in  registrations  or  elections  and,  in  all  matters  not  covered 
by  the  provisions  of  this  act,  the  general  election  laws,  shall 
apply  in  so  far  as  they  are  applicable  to  registrations  and 
elections   under  this   act.      The  first  registration   of  school  ^™*tration 
electors  in  any  district  of  the  third  class  hereunder  shall  be  re 
made  in  each   voting  precinct  of  said  district  on  the  last  Sat- 
urday previous  to  the  date  of  the  annual  school  election  as 
fixed  by  the  law  in  force  in  such  district  when  this  act  shall 
go  into  effect  and  thereafter  on  the  last  Saturday  preceding  Subsequent 
each  annual  school  election  in  each  precinct  of  every  such  re 
district  necessary  changes  shall  be  made  in  the  registration 
lists  by  the  board  of  registration  of  each  precinct:   Provided,  P™™0- 
That  the  board  of  education  of  any  such  school  district,  when-  registration. 
ever  it  deems  it  advisable,  may  provide  for  a  general  regis- 
tration of  school  electors  in  each  precinct  of  said  district, 
but  this  registration  shall  not  be  earlier  than  ten  days  next 
preceding  the  annual  school  election  in  such  district. 

(333)    SEC.  1C.   Notice  of  the  time  and  place  of  holding  any  Notice  of 
registration  or  annual  or  special  election  in  any  school  district 


150 


STATE    OF    MICHIGAN. 


When  given. 


Idem. 


Posting  and 
publication. 


of  the  third  class  hereunder  shall  be  given  by  the  city,  vil- 
lage or  township  clerk,  where  such  registration  or  election 
is  held  at  the  same  time  as  the  city,  village  or  township  regis- 
tration or  election,  and  by  the  secretary  of  the  board  of  edu- 
cation, if  such  registration  or  election  is  held  at  another 
time  than  that  at  which  the  city,  village  or  township  registra- 
tion or  election  is  held.  Such  notice  of  election  shall  be  given 
at  least  ten  days  before  the  election  is  to  be  held,  and  shall 
contain  besides  the  time  and  place  of  the  election,  the  offices 
to  be  filled  and  the  names  of  the  candidates  for  such  offices, 
together  with  a  brief  statement  of  the  substance  of  any  ques- 
tions to  be  submitted  to  the  school  electors  at  such  election. 
Notice  of  the  holding  of  a  meeting  of  the  board  of  registra- 
tion shall  be  given  at  least  fifteen  days  previous  to  the  time 
of  holding  same,  and  shall  contain,  beside  the  time  and  place 
of  holding  it,  a  statement  of  the  object  of  such  meeting.  No- 
tices of  registration  or  of  election  in  any  such  district  shall 
be  written  or  printed  and  posted  in  at  least  three  public 
places  in  each  voting  precinct  of  said  district,  and  shall  be 
published  in  one  or  more  of  the  daily  papers  of  general  cir- 
culation in  said  district,  if  any  there  be,  at  least  six  times 
within  the  ten  days  next  preceding  the  registration 
or  election,  and  if  there  is  no  daily  paper  of  general  circula- 
tion in  said  district,  the  notice  shall  be  published  at  least 
once  within  said  period  in  all  of  the  weekly  newspapers  of 
general  circulation  in  said  district. 

(334)  SEC.  17,  Nominations  for  members  of  the  board 
of  education  of  any  school  district  of  the  third  class  here- 
under shall  be  made  by  petition  signed  by  not  less  than  fifty 
qualified  school  electors  of  said  district  and  this  petition  shall 
be  filed,  at  least  fifteen  days  before  the  election  at  which  the 
nominee  is  a  candidate,  with  the  clerk  of  the  city,  village 
or  township,  if  the  school  election  is  held  at  the  same  time 
as  the  election  in  the  city,  village  or  township  in  which  said 
district  is  located,  and  with  the  secretary  of  the  board  of 
education  for  said  district,  if  the  election  is  held  at  another 
time  than  that  at  which  the  city,  village  or  township  election 
is  held.  Said  petition  shall  be  substantially  in  the  following 
form :  "We,  the  undersigned,  resident  school  electors  of  the 

school  district  of (here  insert  the  name  of 

the  district)   hereby  nominate 

(here  insert  the  name  of  the  candidate)   as  member  of  the 

board  of  education  for  the  school  district  of 

(here  insert  the  name  of  the  district).'7  No  elector  shall 
sign  petitions  for  more  candidates  than  there  are  members 
of  the  board  to  be  elected.  Upon  the  filing  of  such  petition 
the  city,  village  or  township  clerk  or  the  secretary  of  the 
board  of  education,  as  the  case  may  be,  shall  place  the  same 
in  the  public  files  of  his  office  and  within  five  days  preced- 
ing the  election  shall  certify  the  names  of  all  nominees  to 
be  voted  on  at  said  election  to  the  election  commissioners 
for  said  district. 


Nomination 
of  board  of 
education. 


Petition, 
form  of. 


Filing  and 
certification. 


GENERAL    SCHOOL    LAWS.  151 

(335)  SEC.  18.    The  election  commissioners  for  any  school  Ballot, 
district  of  the  third  class  hereunder  shall  prepare  and  have  prepar 
printed  an  official  ballot  for  such  district,  which    shall    be 
substantially  in  the  same  form  as  provided  in  the  general 
election  law,  on  which  shall  be  placed  the  names  of  all  those 
who  have  been  duly  certified  to  them  as  nominees  for  the 
office  of  member  of  the  board  of  education  of  said  school  dis- 
trict.    In  the  printing  of  such  ballots  the  names  shall  be 
arranged  first  alphabetically  and  the  first  one  hundred  bal- 
lots printed  accordingly,  then  the  name  at  the  top  shall  be 

put  at  the  bottom  for  printing  the  second  hundred  and  a 
corresponding  change  shall  be  made  with  each  succeeding 
one  hundred  ballots  printed.  No  party  emblem  or  designa- 
tion shall  be  placed  upon  school  election  ballots.  At  the 
head  of  each  ballot  shall  be  printed  the  words,  "For  Mem- 
bers of  the  Board  of  Education.  Vote  for (here 

insert  the  number  to  be  elected)." 

(336)  SEC.  19.     The  board  of  election  inspectors  in  each  jja^5ffn 
precinct  of  every  district  of  the  third  class  hereunder  imme-  precinct? 
diately  after  the  close  of  the  polls  at  any  election  shall  can- 
vass the  votes  cast  in  their  precinct  and    make    a    return 
thereof  to  the  clerk  of  the  city,  village  or  township,  in  those 
districts  where  the  school  election  is  held  at  the  same  time 

as  that  of  the  city,  village  or  township  in  which  the  district 
or  the  greater  part  thereof  is  situated,  or  to  the  secretary 
of  the  board  of  education,  in  those  districts  where  the  elec- 
tion is  held  at  another  time  than  the  city,  village  or  town- 
ship election.  The  city,  village  or  township  clerk  or  the  J^and 
secretary  of  the  board  of  education,  as  the  case  may  be,  shall  whereamade. 
present  the  returns  certified  to  him  for  the  whole  district  to 
the  board  of  education  for  said  district  at  its  first  meeting 
following  the  election.  The  board  of  education  of  each  such 
district  shall  convene  at  the  usual  hour  and  place  of  meet- 
ing on  the  Thursday  next  succeeding  any  election  and  shall 
canvass  the  returns  of  the  votes  cast  for  all  candidates  for 
the  office  of  member  of  the  board  of  education  and  on  any 
question  or  questions  submitted  to  the  voters  of  the  district 
at  such  election,  according  to  the  returns  filed  with  them  by 
the  clerk  or  secretary,  as  the  case  may  be.  When  such  can- 
vass  shall  be  finished  the  secretary  of  the  board  of  educa- 
tion shall  prepare  a  certificate  in  triplicate  under  the  cor- 
porate seal  of  the  district  setting  out  the  findings  of  the 
board  in  the  matter  of  the  election  and  giving  in  detail  the 
number  of  ballots  cast  for  each  candidate  and  the  number 
of  ballots  cast  for  or  against  any  proposition  or  question 
submitted  to  the  electors  at  such  election,  one  copy  of  which 
he  shall  file  in  the  office  of  the  county  clerk  of  the  county, 
one  in  the  office  of  the  clerk  of  the  city,  village  or  township, 
in  which  the  said  district  or  the  greater  part  thereof  is  sit- 
uated, and  one  in  his  own  office.  At  the  first  election  held 
under  this  act  in  any  such  district  the  two  persons  receiv- 


152 


STATE    OF    MICHIGAN. 


When 

plurality 

elects. 


Tie  vote. 


Notice  to 

person 

elected. 


Acceptance 
and  oath. 


When  office 

becomes 

vacant. 


ing  the  highest  number  of  votes  for  members  of  the  board 
of  education  shall  be  declared  elected  to  such  office  for  the 
term  of  six  years,  the  two  receiving  the  next  highest  num- 
ber of  votes  shall  be  declared  elected  to  such  office  for  the 
term  of  four  years,  and  the  two  receiving  the  next  highest 
number  of  votes  shall  be  declared  elected  to  such  office  for 
the  term  of  two  years.  In  all  succeeding  elections  in  any 
such  district  the  person  or  persons  receiving  the  highest  num- 
ber of  votes  for  the  office  voted  for  shall  be  declared  elected 
to  the  same  by  the  board  of  education.  If  at  any  election 
two  or  more  persons  shall  receive  an  equal  number  of  votes 
for  the  same  office,  the  board  of  education  shall  choose  one 
of  said  persons  by  lot  as  the  person  who  shall  fill  the  office. 
Within  five  days  "after  the  completion  of  the  canvass,  the 
secretary  of  the  board  of  education  shall  notify  in  writing 
each  person  declared  elected  of  his  election,  and  within  ten 
days  after  receipt  of  such  notice  each  person  receiving  the 
same  shall  file  with  the  secretary  his  written  acceptance  of 
the  office  to  which  he  has  been  elected  and  shall  qualify  by 
taking  and  subscribing  the  oath  of  office  required  by  the  con- 
stitution and  filing  the  same  with  the  secretary  of  the  board. 
(337)  SEC.  20.  The  office  of  a  member  of  the  board  of  edu- 
cation of  any  district  of  the  third  class  hereunder  shall  be- 
come vacant  immediately  upon  the  happening  of  any  of  the 
following  events:  The  death  of  the  incumbent,  his  resigna- 
tion, his  removal  from  office,  his  removal  from  the  district, 
his  conviction  of  any  infamous  crime,  his  neglect  to  file  his 
acceptance  of  office,  or  his  refusal  to  give  or  renew  any  offi- 
cial bond,  within  the  prescribed  time  or  his  ceasing  to  be  a 
taxpayer  in  the  school  district.  In  case  of  a  vacancy  or  va- 
cancies in  the  office  of  member  of  the  board  of  education 
in  any  such  district,  the  remaining  members  of  the  board, 
if  three  or  more  in  number,  shall  immediately  appoint  a 
qualified  elector  to  fill  the  vacant  office  or  offices.  In  the 
event  that  the  offices  of  four  or  more  of  the  members  of  the 
said  school  board  become  or  are  vacant  at  the  same  time,  the 
remaining  members  of  the  board,  if  such  there  be,  shall  call 
immediately  a  special  election  of  the  district  to  fill  such  va- 
cancies, and  if  such  election  is  not  called  by  the  remaining 
members  of  the  board  within  twenty  days  after  the  happen- 
ing of  four  or  more  vacancies,  or  if  all  of  the  offices  of  the 
members  of  the  board  shall  become  vacant,  the  clerk  of  the 
city,  village  or  township  in  which  the  district  or  the  greater 
portion  thereof  is  situated  shall  call  a  special  election  for 
said  district  to  fill  the  existing  vacancies.  Any  person  elect- 
ed or  appointed  to  fill  a  vacancy  in  the  board  of  education 
of  any  district  of  the  third  class  hereunder  shall  file  his  ac- 
ceptance and  qualify  as  hereinbefore  provided  and  shall  hold 
such  office  until  the  \iext  succeeding  annual  election,  at  which 
time  the  electors  of  said  district  shall  vote  for  nominees  to 
fill  such  office  for  the  unexpired  portion  of  the  term. 


How 
supplied. 


Special 
election 
to  fill 


GENERAL  SCHOOL  LAWS.  153 

(338)  SEC.  21.     The  members  of  the  board  of  education  President, 
of  any  district  of  the  third  class  hereunder  elected  at  the  Sure?. an 
first  election  held  under  this  act  shall  meet  on  the  second 
Monday  of  July  succeeding  their  election  .and  annually  on 

the  same  day  thereafter,  and  organize  the  board  by  electing 
from  their  number  a  president,  and  secretary  and  a  treas- 
urer who  need  not  be  one  of  their  number.     The  said  board  Meetings. 
shall  hold  regular  meetings  on  the  second  Monday  of  each 
month  or  on  such  other  day  or  days  as  it  may  in  its  by-laws 
provide.    The  said  board  may  in  its  by-laws  provide  for  call- 
ing and  holding  special  meetings.     A  majority  of  the  board  Quorum, 
shall  constitute  a  quorum  and  it  shall  keep  a  proper  record 
of  all  of  its  proceedings. 

(339)  SEC.  22.    The  duties  of  the  treasurer  of  such  board  Duties  of 
shall  be  to  keep  the  funds  of  said  district,  to  keep  proper  tr 
books  of  account  thereof,  to  keep  an  interest  account  of  the 
interest  received  from  all  school  funds  belonging  to  the  dis- 
trict and  credit  all  interest  received  thereon  to  said  funds, 

to  pay  out  the  funds  belonging  to  the  school  district  for  the 
purposes  specified  by  law,  or  in  the  case  of  gifts  or  donations 
for  the  purposes  for  which  said  money  is  given  or  donated, 
on  a  proper  order  signed  by  the  secretary  and  countersigned 
by  the  president  of  the  said  board,  and  such  other  duties 
as  the  said  board  may  in  its  by-laws  prescribe.  The  said 
board  may  prescribe  the  duties  of  the  secretary,  and  provide 
for  the  salary  to  be  paid  the  secretary  and  treasurer  thereof 
and  may  require  proper  bonds  from  such  officers.  No  mem- 
ber of  such  board  of  education  or  officer  thereof  except  the 
secretary  and  treasurer  shall  receive  any  compensation  for 
any  service  rendered  the  district  and  no  member  of  such 
board  of  education  or  any  officer  thereof  shall  be  pecuniarily 
interested  in  any  way,  directly  or  indirectly,  in  any  contract 
with  or  for  the  schools  of  his  district.  No  member  of  any 
such  board  shall  be  eligible  to  appointment  to  any  position 
carrying  with  it  compensation  from  the  school  funds  for  the 
space  of  at  least  one  year  following  his  retirement  there- 
from. 

(340)  SEC.  23.    The  board  of  education  of  any  school  dis-  Powers  and 
trict  of  the  third  class  hereunder  shall  have  the  following  board8  °£ 
powers  and  duties: 

(a)  To  locate,  acquire,  purchase  or  lease  in  the  name  of  sites, 
the  district  such  site  or  sites  for  schoolhouses,  libraries,  ' 
agricultural  farms,  athletic  fields  and  play  grounds  as  may 
be  necessary,  to  purchase,  lease,  acquire,  erect  or  build  such 
building  for  school  or  library  or  for  use  in  connection  with 
agricultural  farms,  athletic  fields  and  play  grounds,  as  may 
be  necessary,  to  pay  for  the  same  out  of  the  funds  of  the 
district  provided  for  that  purpose,  to  sell  any  real  or  per- 
sonal property  of  the  district  which  is  no  longer  required 
thereby  for  school  purposes  and  to  give  proper  deeds,  bills 
of  sale  or  other  instruments  passing  title  to  the  same; 


154 


STATE    OF   MICHIGAN. 


Condemna- 
tion of 
property. 


Grades,  de- 
partments, 
etc. 


Vocational 
schools. 


Borrow 
money. 

Proviso. 


Idem. 


Proviso. 


(b)  To  institute  and  maintain  proceedings  in  the  proper 
court  for  the  condemnation  of  private  property  for  public 
use  for  all  purposes  for  which  said  board  is  authorized  by 
law  to  acquire  and  hold  property,  when  said  board   shall 
have  first  declared  the  taking  necessary  for  such  use  and 
that  the  same  is  for  the  use  and  benefit  of  the  public.    When 
the  board  shall  have  made  such  declaration  such   condem- 
nation proceedings  shall  be  instituted  and  conducted  in  the 
court  specified  and  in  the  manner  provided  by  the  general 
laws  of  the  state  relating  to  the  condemnation  of  private 
property  for  public  use; 

(c)  To  establish  and  carry  on  such  grades,  schools  and 
departments  or  courses  of  study  as  it  shall  deem  necessary 
or  desirable  for  the  maintenance  and  improvement  of  public 
education ; 

(d)  To  establish,  equip  and  maintain  agricultural,  trade 
and  other  vocational  schools  and,  if  deemed  necessary  by 
such  board,  to  acquire  land  outside  the  limits  of  the  said 
school  district  therefor,  and  to  have  general  control  there- 
over for  school  purposes; 

(e)  To  borrow  for  temporary  school  purposes  such  sum 
or  sums  of  money  and  on  such  terms  as  it  may  deem  desir- 
able and  to  give  notes  of  the  district  therefor:     Provided, 
That  no  such  loan  shall  be  made  for  any  sum  which  together 
with  the  total  amount  of  any  outstanding  loan  or  loans  for 
such  purposes  shall  exceed  the  sum  of  ten  dollars  per  capita 
of  the  school  population  of  the  district; 

(f )  To  borrow  such  sum  or  sums  of  money  as  it  may  deem 
necessary  to  purchase  sites  for  buildings,  play  grounds,  ath- 
letic fields  or  agricultural  farms  and  to  purchase  or  erect 
and  equip  any  building  or  buildings  which  it  is  authorized 
to  purchase  and  erect,  or  to  make  any  permanent  improve- 
ment which  it  is  authorized  to  make,  and  to  accomplish  this 
by  the  issue  and  sale  of  bonds  of  such  school  district  in  such 
form  or  on  such  terms  as  the  board  may  deem  advisable,  or 
by  any  other  reasonable  means:     Provided,   That  no  loan 
shall  be  made  and  no  bonds  shall  be  issued  for  a  longer  term 
than  twenty  years  nor  for  any  sum  which  together  with  the 
total  outstanding  indebtedness  of  the  district  shall  exceed 
two  per  cent  on  the  assessed  valuation  of  the  taxable  prop- 
erty within  such  district  unless  the  proposition  of  making 
such  loan  or  of  issuing  bonds  shall  have  been  submitted  first 
to  a  vote  of  the  school  electors  of  the  district  at  a  general 
or  special  school  election  and  approved  by  a  majority  of  the 
electors  actually  voting  on  the  same,  in  which  event  loans 
may  be  made  or  bonds  may  be  issued  for  the  purposes  here- 
inbefore set  forth  in  an  amount  which  together  with  the 
total  outstanding  indebtedness  of  the  district  shall  not  ex- 
ceed five  per  cent  on  the  assessed  valuation  of  the  taxable 
property  within  the  district; 


GENERAL    SCHOOL    LAWS.  155 

(g)     To  have  the  care  and  custody  of  all  school  property  Care  and 
and  to  provide  suitable  school  privileges,  sanitary  conditions,  property°f 
and  medical  inspection  for  the  schools  of  the  district; 

(h)     To  fix  the  length  of  time  school  shall  be  kept  in  all  of  Term  time, 
the  schools  of  the  district  and  to  keep  the  said  schools  open 
and  free  to  all  persons  over  five  years  of  age,  residents  of 
the  district; 

(i)  To  establish  and  maintain  or  continue  a  library  or  Library  or 
art  museum  for  the  public  schools  of  the  district,  if  it  shall  m 
deem  it  advisable  to  do  so,  and  to  provide  for  its  care  and 
management.  For  this  purpose  said  board  of  education  may 
appoint  librarians  and  hire  other  employes  for  such  library 
or  museum  and  fix  their  salaries,  may  purchase  such  books 
and  apparatus  as  may  be  necessary,  and  may  include  in  the 
general  budget  for  the  purpose  of  the  schools  such  sums  as 
may  be  necessary  for  buildings  for,  and  for  the  mainte- 
nance and  support  of,  any  library  or  art  museum  established, 
and  such  board  of  education  may  appoint  a  board  of  library  Board  of 
commissioners  of  not  to  exceed  seven  persons.  Such  library  Sonera™" 
board  shall  have  control  and  direction  of  the  public  library 
or  libraries  in  such  district  subject  to  the  approval  of  the 
board  of  education  therein,  and  shall  keep  a  correct  record 
of  its  proceedings.  All  moneys  for  any  such  libraries  includ- 
ing the  fines  devoted  by  law  to  the  maintenance  of  district 
or  school  libraries  in  such  district,  which  when  collected 
shall  be  paid  to  the  treasurer  of  the  board  of  education 
therein,  shall  be  kept  by  said  treasurer  and  paid  out  by 
him  011  the  order  of  the  board  of  library  commissioners  ap- 
proved by  the  secretary  of  the  board  of  education ; 

(j)     To  provide  for  the  taking  of  a  school  census  as  re-  census. 
quired  by  law; 

(k)     To  make  an  annual  report  to  the  superintendent  of  Annual 
public  instruction  at  such  time  and  in  such  form  as  he  may  r< 
prescribe ; 

(1)     To  adopt  if  it  shall  deem  it  advisable,    civil    service  Civil  service, 
rules  for  the  appointment  of  teachers  who  have  satisfactorily 
served  a  probationary  period  of  not  less  than  three  years  in 
the  schools  of  said  district; 

(m)     To  contract  with,  appoint  and  employ    a    suitable  superin- 
person,  not  a  member  of  said  board,  who  shall  be  a  college  t€ 
graduate  or  have  educational  qualifications  equivalent  there- 
to, as  superintendent  of  the  public  schools  under  the  con- 
trol of  the  board,  who  shall  hold  his  office  for  a  term  fixed 
by  the  board  and  not  to  exceed  five  years,  and  shall  have 
the  same  powers  and  duties  as  the  superintendent  of  a  grad- 
ed school  district  under  the  laws  of  this  state; 

(n)     To  appoint,  in  its  discretion,  a  business  manager  for  Business 
the  school  district  and  fix  his  term  of  office; 

(o)     To  make  an  estimate  annually  on  a  day  to  be  deter-  Annual 
mined  by  the  board  of  the  amount  of  taxes  deemed  neces-  ef 
sary  for  the  ensuing  year  for  the  purpose  of  expenditure  with- 


156 


STATE    OF   MICHIGAN. 


Proviso 
limit. 


Claims. 


Reports. 


in  the  power  of  the  board,  which  estimate  shall  specify  the 
amounts  required  for  the  different  objects,  and  to  report  the 
same  as  the  regular  school  tax  levy  for  such  district  to  the 
proper  assessing  officer  or  officers,  who  shall  apportion  the 
school  taxes  in  the  district  in  the  same  manner  as  the  other 
taxes  of  the  city,  village  or  township  are  apportioned,  and 
the  amount  so  apportioned  shall  be  assessed,  levied,  collected 
and  returned  for  each  portion  of  the  district  in  the  same 
manner  as  the  taxes  of  the  city,  village  or  township  includ- 
ing such  portion  of  the  district:  Provided,  That  no  greater 
sum  than  twelve  mills  on  the  dollar  shall  be  levied  in  any 
one  year  for  all  purposes  within  the  power  of  the  board ;  and 
provided  in  all  school  districts  hereunder  in  cities  having  a 
board  of  estimates  the  amount  shall  be  approved  by  such 
board  of  estimates  before  levy  shall  be  made; 

(p)  To  certify  to  the  treasurer  of  the  district  for  pay- 
ment'out  of  the  school  funds  thereof  all  claims  and  demands 
against  the  board  or  district,  which  shall  be  allowed  by  the 
board  under  such  rules  and  regulations  as  it  may  establish; 

(q)  To  print  and  publish  immediately  after  each  meeting 
in  such  manner 'as  the  board  shall  decide  all  proceedings  of 
the  board  at  such  meeting  and  to  make  and  publish  annu- 
ally, at  the  end  of  the  fiscal  year,  in  some  daily  or  weekly 
newspaper  of  general  circulation  in  said  district,  either 
separately  or  in  connection  with  the  report  or  reports  of  the 
city,  village  or  township  in  which  the  said  district  or  the 
greater  part  thereof  is  situated,  a  complete  report  of  all  its 
receipts  and  expenditures; 

(r)  And  in  general  to  do  anything  not  inconsistent  with 
this  act  which  is  necessary  for  the  proper  establishment, 
maintenance,  management  and  carrying  on  of  the  public 
schools  of  such  district. 

(341)  SEC.  24.  In  all  matters  pertaining  to  the  public 
schools  not  provided  for  in  this  act  the  general  school  laws 
of  the  state  shall  govern  and  be  in  effect. 
Acts  repealed.  (342)  SEC.  25.  From  and  after  the  time  when  this  act 
shall  go  into  effect  according  to  its  terms  all  acts  or  parts 
of  acts  whether  local,  special  or  general,  in  any  wise  con- 
travening any  of  the  provisions  of  this  act  shall  be  repealed. 

(343)  SEC.  26.  The  foregoing  provisions  of  this  act  shall 
not  take  effect  in  any  school  district  having  a  population 
which  brings  it  within  the  classification  provided  for  by  this 
act  until  approved  by  a  majority  of  the  school  electors  of 
such  district  voting  thereon  at  an  election  at  which  the 
question  of  the  adoption  of  this  act  for  that  district  is  prop- 
erly submitted.  At  some  regular  annual  school  election  with- 
in three  calendar  years  after  the  passage  of  this  act,  in  each 
school  district  having  a  population  of  five  hundred  or  more 
and  less  than  seventy-five  thousand,  ascertained  in  the  man- 
ner hereinbefore  provided,  the  question  of  the  adoption  of 
this  act  for  said  district  shall  be  submitted  by  the  proper 


When  general 
laws  to 
govern. 


Referendum. 


When  sub- 
mitted. 


GENERAL    SCHOOL    LAWS.  157 

. s — — 

officers  to  the  school  electors  of  said  district.  In  each  dis- 
trict which  shall  thereafter  attain  a  population  of  five  hun- 
dred or  more  and  less  than  seventy-five  thousand  ascertain- 
ed in  the  same  manner,  the  question  of  the  adoption  of  this 
act  for  such  district  shall  be  submitted  to  the  school  electors 
thereof  at  the  annual  school  election  following  the  attain- 
ment of  such  a  population,  ascertained  as  hereinbefore  pro- 
vided. In  any  district  having  the  population  described  the  Reeubmission. 
question  of  the  adoption  of  this  act  for  such  district  shall 
be  resubmitted  to  the  school  electors  thereof  at  the  next 
annual  election  whenever  a  petition  asking  for  such  resub- 
mission  at  the  next  annual  election  of  the  district,  signed  by 
at  least  fifteen  per  cent  of  the  school  electors  thereof,  shall 
be  filed  with  the  election  commissioners  of  the  district  at 
least  thirty  days  before  such  meeting  or  election.  The  vote  g Jj™  of 
upon  the  question  shall  be  by  ballot  which  shall  be  in  sub- 
stantially the  following  form : 

"Vote  on  proposition  to  adopt  the  act  classifying  school 
districts  having  a  population  of  five  hundred  or  more  and 
less  than  seventy-five  thousand,  as  districts  of  the  third  and 
fourth  classes,  and  providing  for  the  government,  control  and 
administration  of  such  school  districts  and  the  schools  there- 
in. 

"Make  a  cross  in  the  appropriate  square  below. 

"Shall  the  act  classifying  school  districts  having  a  popu- 
lation of  five  hundred  or  more  and  less  than  seventy-five  thou- 
sand as  districts  of  the  third  and  fourth  classes,  and  pro- 
viding for  the  government,  control  and  administration  of 
slich  school  districts  and  the  schools  therein  be  adopted. 

"Yes     (   ). 

"No     (   )." 

Such  ballots  shall  be  furnished  by  the  board  of  education  HOW 
of  any  district  in  which  the  vote  is  taken,  and  shall  be  de- 
posited in  a  ballot  box  provided  for  that  purpose  in  each 
voting  precinct  of  the  district.     Such  ballots  shall  be  cast,  Howcan- 
ancl  canvassed  and  the  results  of  the  election  certified  in  v 
each  school  district  in  the  same  manner  as  are  ballots  on  any 
school  question  submitted  to  the  school  electors  of  such  dis- 
trict.    If  the  majority  of  the  qualified  school  electors  of  any 
district  vote  in  favor  of  the  adoption  of  this  act,  then  the 
provisions  hereof  shall  be  in  full  force  and  effect  in  such  dis- 
trict and  not  Otherwise. 

(344)     SEC.  27.     The  laws  governing  the  public  schools  in  Laws  0911- 
any  district  having  the  population  provided  for  herein  in  firce.d  1] 
force  therein  at   the  time  of  the  adoption  of  this  act  by 
the  electors  of  such  district  shall  continue  in  force  and  the 
board  of  education  of  said  district  as  provided  for  in  such 
laws  shall  continue  to  act  as  the  board  of  education  there- 
for, until  a  new   board  shall  be  elected  and  organized   as 
herein  provided,  after  which  time  the  board  of  education  as 
heretofore  constituted  in  such  district  shall  turn  over  to  the, 


158 


STATE    OF    MICHIGAN. 


new  board  of  education,  elected  under  this  act,  all  the  prop- 
erty, books,  records,  material,  money  and  effects  belonging 
to  such  school  district,  and  thereafter  the  board  provided 
for  by  this  act  and  its  successors  shall  be  responsible  there- 
for. 


TEACHERS1  INSTITUTES. 


Boards  to 
collect  fees 
from  appli- 
cants for 
certificates. 


When  to  be 
collected  by 
director,  etc. 
of  school 
board. 


Receipt. 


Disposition 
of  fees. 


An  Act  to  provide  for  the  better  support  of  teachers'  institutes,  and 
to  repeal  sections  three  thousand  seven  hundred  and  eighty-nine, 
three  thousand  seven  hundred  and  ninety,  and  three  thousand  seven 
hundred  and  ninety-one  of  the  compiled  laws  of  eighteen  hundred 
and  seventy-one. 

[Act   53,   P.   A.    1877.] 

The  People  of  the  State  of  Michigan  enact: 

(345)  §  5970.     SECTION   1.     That  all  boards  or  officers, 
authorized  by  law  to  examine  applicants  for  certificates  of 
qualification  as  teachers,  shall  collect,  at  the  time  of  examin- 
tion,  from  each  male  applicant  for  a  certificate,  an  annual 
fee  of  one  dollar,  and  from  each  female  applicant  for  a  cer- 
tificate, an  annual  fee  of  fifty  cents,  and  the  director  and 
secretary  of  any  school  board  that  shall  employ  any  teacher 
who  has  not  paid  the  fee  hereinbefore  provided,  shall  collect, 
at  the  time  of  making  contract,  from  each  male  teacher  so  em- 
ployed, an  annual  fee  of  one  dollar,  and  from  each  female 
teacher  so  employed,  an  annual  fee  of  fifty  cents.     All  per- 
sons paying  a  fee  as  required  by  this  section,  shall  be  given  a 
receipt  for  the  same,  and  no  person  shall  be  required  to  pay 
said  fee  more  than  once  in  any  school  year. 

ACT  VALID:  This  act  does  not  conflict  with  Const.,  Art.  X,  section  1, 
on  the  ground  that  the  fees  are  specific  taxes ;  nor  on  the  ground  that  the 
fees  are  not  uniform.  This  section  is  not  defective,  incomplete,  ineffectual 
and  is  valid. — Hammond  v.  School  Board,  109  /  676. 

(346)  §  5971.     SEC.  2.     All  such  fees,  collected    by    the 
director  or  secretary  of  any  school  board,  shall  be  paid  over 
to  the  secretary  of  the  county  board  of  school  examiners  of 
the  county  in  which  they  were    collected,    on    or    before  the 
fifteenth  day  of  March,  June,  September  and  December,  ac- 
companied by  a  list  of  those  persons  from  whom  they  were 
collected,  and  all  of  such  fees,  together  with  all  those  that 
shall  be  collected  by  the  county  board  of  school  examiners, 
shall  be  paid  over  by  the  secretary  of  said  board  of  school 
examiners  to  the  treasurer  of  the  county  in  which  they  were 
collected,  on  or  before  the  last  day  of  March,  June,  September 
and  December,  in  each  year,  accompanied  by  a  complete  list 
of  all  persons  from  whom  said  fees  were  collected,  and  a  like 


GENERAL    SCHOOL    LAWS.  159 

list,  accompanied  by  a  statement  from  the  county  treasurer 
that  said  fees  have  been  paid  to  him,  shall  be  sent  by  said 
secretary  to  the  superintendent  of  public  instruction.  All 
moneys  paid  over  to  the  county  treasurer,  as  provided  by 
this  act,  shall  be  set  apart  as  a  teacher's  institute  fund,  to 
be  used  as  hereinafter  provided. 

(347)  §  5972.     SEC.  3.     The  superintendent  of  public  in-  Annual 
struction  shall  annually  appoint  a  time  and  place  in  each  or-  institute. 
ganized  county  for  holding  a  teachers'  institute,  make  suit- 

able   arrangements    therefor,    and    give  due  notice  thereof: 
Provided,  That  in  organized  counties  having  less  than  one  Proviso, 
thousand  children  between  the  ages  of  five  and  twenty  years,  withneuper-na 
the  holding  of  such  institute  shall  be  optional  with  the  said  intendent- 
superintendent,  unless  requested  to  hold  such  institute    by 
fifteen  teachers  of  the  county  in  which  such  institute  is  to  be 
held:     Provided,  however,  That  if  there  shall  not  be  a  suffi-  Proviso. 
cient  number  of  teachers  in  any  county  to  make  such  request, 
then  teachers  of  adjoining  counties  who  desire  to  attend  such 
institute  may  unite  in  the  required  application  to  said  super- 
intendent:    Provided,    also,    That    the    said  superintendent  Proviso- 
may,  in  his  discretion,  hold  an  institute  for  the  benefit  of  two 
or  more  adjoining  counties,  and  draw  the  institute  fund  from 
each  of  the  counties  thus  benefited,  as  hereinafter  provided. 

(348)  §  5973.     SEC.  4.     The  superintendent  of  public  in-  in  case  of 
struction,  in  case  of  inability  personally  to  conduct  any  insti-  ol 


tute,  or  to  make  the  necessary  arrangements  for  holding  the  tendent- 
same,  is  hereby  authorized  to  appoint  some  suitable  person 
for  that  purpose,  who  shall  be  subject  to  the  direction  of  said 
superintendent.     Every  teacher  attending  any  institute  held  attendance*  °f 
in  accordance  with  the  provisions  of  this  act,  shall  be  given 
by  the  superintendent  of  public  instruction,  or  by  the  duly 
appointed  conductor,  a  certificate  setting  forth  at  what  ses- 
sions of  said  institute  such  teacher  shall  have  been  in  attend- 
ance, and  any  teacher  who  shall  have  closed  his  or  her  school,  ^5J5ngrnot 
in  order  to  attend  said  institute,  shall  not  forfeit  his  or  her  to  forfeit 
wages  as  teacher,  during  such  time  as  he  or  she  shall  have 
been  in  attendance  at  said  institute,  and  the  certificate  here- 
inbefore provided  shall  be  evidence  of  such  attendance. 

(349)     §  5974.     SEC.  5.    For  the  purpose  of  defraying  the  , 

expenses  of  rooms,  fires,  lights,  or  other  necessary  charges,  how  paid. 
and  for  procuring  teachers  and  lecturers,  the  said  superin- 
tendent, or  the  person  duly  authorized  by  him  to  conduct  said 
institute,  may  demand  of  the  county  clerk  of  each  county  for 
the  benefit  of  which  the  institute  is  held,  who  shall  thereupon 
draw  an  order  on  the  county  treasurer  of  his  county  for  such 
sum,  not  exceeding  the  amount  of  the  institute  fund  in  the 
county  treasury,  as  may  be  necessary  to  defray  the  expenses 
of  said  institute;  and  the  treasurer  of  said  county  is  hereby 
required  to  pay  over  to  said  superintendent  or  duly  appointed 
institute  conductor,  from  the  institute  fund  in  his  hands,  the 
amount  of  said  order. 


160 


STATE    OF    MICHIGAN. 


May  draw 
on  state 
treasurer. 


Yearly 

state 

institute. 


Proviso. 


Vouchers  for 
payments. 


(350)  §  5975.     SEC.  6.    In  case  the  institute  fund  in  any 
county  shall  be  insufficient  to  defray  the  necessary  expenses 
of  any  institute  held  under  the  provisions    of   this    act,    the 
auditor  general  shall,    upon    the    certificate  of  "the  superin- 
tendent that  he  has  made  arrangements   for   holding   such 
institute  and  that  the  county  institute  fund  is  insufficient  to 
meet  the  expenses  thereof,  draw  his  warrant  upon  the  state 
treasurer  for  such  additional    sum    as    said  superintendent 
shall  deem    necessary    for    conducting  such  institute,  which 
sum  shall  not  exceed  one  hundred  dollars  for  each  institute, 
and  shall  be  paid  out  of  the  general  fund. 

Am.  1899,  Act  64. 

(351)  §  5976.     SEC.  7.     The  superintendent  is  authorized 
to  hold  once  in  each  year,  an  institute  for  the  state  at  large, 
to  be  denominated  a  state  institute,  and  for  the  purpose  of 
defraying  the  necessary  expenses  of  such  institute,  the  audi- 
tor general  shall  on  the  certificate    of    said    superintendent 
that  he  has  made  arrangements  for  holding  such  institute, 
draw  his  warrant  upon  the  state  treasurer  for  such  sum  as 
said  superintendent  shall  deem  necessary  for  conducting  such 
institute,  which  sum  shall  not  exceed  four  hundred  dollars 
and  shall  be  paid  out  of  the  general  fund:     Provided,  That 
not  more  than  three  thousand  dollars"  shall  be  drawn  from 
the  treasury  or  any  greater  liability  incurred  in  any  one  year 
to  meet  the  provisions  of  this  act. 

Am.  Id. 

(352)  §  5977.     SEC.  8.     The  superintendent  of  public  in- 
struction, or  the  conductor  of  the  institute  by  him  appointed, 
drawing  money  from  the  county  treasurer,  under  section  five 
of  this  act,  shall,  at  the  close  of  each  institute,  furnish  to  the 
county  treasurer,  vouchers  for  all  payments  from  the  same  in 
accordance  with  this  act,  and  he  shall  return  to  the  county 
treasurer  whatever  of  the  amount  that    may    remain    unex- 
pended, to  be  replaced  in  the  institute  fund. 


establish- 


BUREAU  OF  INFORMATION. 

An  Act  to  provide  for  the  establishment  in  the  office  of  the  superin- 
tendent of  public  instruction  of  a  bureau  of  information  for  the 
benefit  of  school  officers,  superintendents  and  teachers. 

[Act  251,    P.    A.   1907.] 

The  People  of  the  State  of  Michigan  enact: 

(353)  §  5825.  SECTION  1.  The  superintendent  of  public 
instruction  shall  establish  and  maintain  in  his  office  a  bureau 
of  information  wherein  teachers  desiring  employment  may 


GENERAL    SCHOOL    LAWS.  161 

register  and  file  such  papers  as   to  their  qualifications  as 
they  may  deem  fit,  and  wherein  school  officers  and  superin- 
tendents may  register  vacancies  in  their  respective  schools. 
Each  teacher  so  registering  shall  pay  a  fee  of  one  dollar  to  Fee  for 
the  superintendent  of  public  instruction,  which  fees  shall  be  r€ 
deposited  with  the  slate  treasurer,  and  by  him  placed  to  the 
credit  of  the  general  fund. 

(.'J54)  S  5S1M;.  SEC.  "2.  Such  information  as  is  contained 
in  said  bureau  shall  be  given  without  charge  to  all  school 
officers,  superintendents  and  teachers  who  may  ask  there- 
for, but  neither  the  superintendent  of  public  instruction  nor 
any  one  employed  in  his  office  shall  be  required  to  recommend 
any  teachers  for  positions. 


COMPULSORY  EDUCATION. 

An  Act  to  provide  for  the  compulsory  education  of  children,  for  pen- 
alties for  failure  to  comply  with  the  provisions  of  this  act,  and.  to 
repeal  all  acts  or  parts  of  acts  conflicting  with  the  provisions  of  the 
same. 

[Act   200,   P.   A.   1905.] 

The  People  of  the  State  of  Michigan  enact: 

(;>r>5)    §  5070.   SECTION  1.    Every  parent,  guardian  or  other  Compulsory 
person  in  the  state  of  Michigan,  having  control  and  charge  of  ance01  attend" 
any  child  between  the  ages  of  seven  and  sixteen  years,  shall 
be  required  to  send  such  child  to  the  public  schools  during 
the  entire   school   year,   and    such   attendance   shall   be   con- 
tinuous and  consecutive  for  the  school  year  fixed  by  the  dis- 
trict in  which  such  parent,   guardian    or    other    person    in 
parental  relation  may  reside:    Provided,    That  in  the  follow-  Proviso, 
ing  cases  children  shall  not  be  required  to  attend  the  public  e" 
schools: 

(a)  Any  child  who  is  attending  regularly  and    is    being 
taught  in  a  private  or  parochial  school  such  branches  as  are 
usually  taught  in  the  public  schools  to  children  of  corres- 
ponding age,  or  who,  upon  the  completion  of  the  work  in 
such  schools,  shall  present  satisfactory  evidence  to  the  county 
commissioner   of   schools,   and   in   appropriate   cases,   to   the 
superintendent  of  schools,   that  he  has  completed   sufficient 
work  to  entitle  him  to  an  eighth  grade  diploma; 

(b)  Any  child  who  has  received  an  eighth  grade  diploma 
from  the  public  schools; 

(c)  Any  child   who  is  physically  unable  to  attend  school. 
If  I  he  truant  officer  is  noli  lied  of  the  non-attendance  of  any 
child  at  school,  and  he  shall  find  the  one  in  parental  control 
claiming  that  such  child    is    physically    unable    to    attend 

21 


162 


STATE    OP    MICHIGAN. 


Proviso. 


Proviso. 


Proviso. 


County 
truant  officer, 
bond,  etc. 


Powers. 


school,  the  truant  officer  may  secure  a  written  statement  of 
a  competent  physician,  certifying  that  such  child  is  physic- 
ally unable  to  attend  school ; 

(d)  Children  over  fourteen  years  of  age  who  have  com- 
pleted the  work  of  the  sixth  grade  whose  services  are  es- 
sential to  the  support  of  their  parents  may  be  excused  by 
the  county  commissioner  of  schools  or  city  superintendent 
of  schools  from  attendance  at  school,  on  the  recommendation 
of  the  board  of  education  of  the  district  in  which  such  chil- 
dren reside,  and  said  board  shall  certify  to  the  officers  herein 
mentioned  the  facts  in  all  such  cases:.    Provided,  Nothing 
in  this  act  or  any  other  act  shall  prevent  children  fourteen 
years  of  age  or  over  from  procuring  a  permit  to  work  out- 
side of  school  hours,  during  the  school  year; 

(e)  Children  under  nine  years  of  age,  whose  parents  do 
not  reside  within  two  and  one-half  miles,  by    the    nearest 
traveled  road,  of  some  public  school:      Provided,   That    if 
transportation  is  furnished  for  pupils  in  said  district,  this 
exemption  shall  not  apply; 

(f)  Any  child  twelve  to  fourteen  years  of  age  while  in 
attendance  at  confirmation  classes  conducted  for  a  period 
of  not  to  exceed  five  months  in  either  of  said  years:     Pro- 
vided, however,  That  any  child    claiming    exemption    from 
attending  school  under  subdivisions  (a)  or  (b)  hereof,  shall 
secure  such  permit  as  may  be  required  under  the  statutes  of 
Michigan  covering  the  employment  of  minors,  and  shall  be 
regularly  employed  at  some  lawful  work  if  physically  able 
so  to  do,  or  any  child  who  has  completed  the  work  of  the 
eighth  grade  who  wishes  to  assist  with  the  housework   or 
farm  work  at  home  may  be  granted  an  excuse  for  such  work. 
Such  child  must  present  to  the  officer  who  issued  the  excuse 
satisfactory  evidence  each  month  that  he  or  she  is  actually 
assisting  with  said  housework  or  farm  work. 

Am.   1907,  Act  74;  1913,  Act  47;  1917,  Act   179. 

As  to  the  permit  contemplated  in  paragraph   (f),  see  section  306  infra. 

A  child  over  16  years  of  age  is  not  between  the  ages  of  7  and  16  years, 
and  as  to  construction  of  age  limit,  see  Jackson  v.  Mason,  145/338.  The 
board  of  supervisors  may  reimburse  a  deputy  sheriff  for  attorney's  fees  paid 
to  defend  himself  against  an  action  of  malicious  prosecution  for  arrest  on 
a  warrant  fair  on  its  face,  where  the  officer  acted  in  good  faith  and  was  held 
not  liable. — Messmore  v.  Kracht,  172/120.  Charge  held  insufficient  to  sus- 
tain conviction. — People  v.  Turja,  157  /  530. 

(356)  §  5980.  SEC.  2.  The  county  commissioner  of  schools 
in  each  county  shall  select  a  person  of  good  moral  character  to 
act  as  truant  officer  for  the  county.  The  person  so  selected 
shall  file  with  the  county  clerk  his  acceptance  and  oath  of 
office  and  a  bond  in  the  sum  of  one  thousand  dollars,  with 
two  sufficient  sureties  to  be  approved  by  the  county  clerk. 
The  person  so  selected  shall  be  known  as  the  county  truant 
officer,  and  he  shall  have  all  the  powers  of  a  deputy  sheriff, 
and  he  shall  perform  the  duties  of  truant  officer  in  all  school 
districts  of  the  county  when  directed  to  do  so  by  the  county 
commissioner  of  schools,  except  as  hereinafter  provided: 


GENERAL    SCHOOL    LAWS.  163 


Provided,   That  in  cities  having  a  duly  organized  police  force  Proviso,  cer- 
it  shall  be  the  duty  of  the  police  authorities,  at  the  request  of  J 
the  board  of  education,  to  detail  one  or  more  members  of 
such  police  force  to  perform  the  duties  of  the  truant  officer 
in  such  city,  but  this  provision  shall  not  be  construed  as  pro- 
hibiting such  board  of  education  from  appointing  any  citizen 
not  a  police  officer  as  truant  officer :    Provided  further,  That  vso 
in  graded  school  districts  the  board  of  education  shall  have  echoof 
authority  to  appoint  one  or  more  truant  officers  and  fix  the  dlstnct6- 
compensation  of  the  same,  said  compensation  to  be  paid  by 
the  district :  And  Provided  further,  That  in  all  townships  of  Further  pro- 
the  upper  peninsula  organized  as  township  unit  districts,  the  V1S°'  U 
board  of  education  of  such  township  shall  have  authority  to 
appoint  one  or  more  truant  officers  for  said  township  and  fix 
the  compensation  for  such  service,  said  compensation  to  be 
paid  from  the  proper  funds  of  such  school  district.    For  all 
townships  of  the  upper  peninsula  not  organized  as  township 
unit  districts  the  county  truant  officer  appointed  as  herein 
prescribed  shall  act :    Provided,  That  if  in  any  graded  dis-  Proviso, 
trict  or  township  the  board  of  education  does  not  appoint  a 
truant  officer,  the  county  truant  officer  shall  act  in  such  dis- 
trict or  township.    The  truant  officers  herein  provided  for  in  Bonds, 
cities,  graded  school  districts  and  township    unit    districts 
shall  give  bonds  to  the  board  of  education  in  the  sum  of  five 
hundred  dollars,  said  bonds  to  be  approved  by  the  board  of 
education  and  filed  with  said  board,  and  such  officers  shall 
have,  within  their  jurisdiction  and  while  in  the  performance 
of  the  duties  of  truant  officer,  the  powers    of    the    deputy 
sheriff.     The  compensation  of  the  county  truant  officer  shall  county 
be  three  dollars  per  day  for  every  day  actually  engaged  in  compensaUo 
the  discharge  of  his  duties,  and  actual  expenses,  and  all  bills 
for  such  service  shall  be  certified  by  the  county  commissioner 
of  schools.     In  cities,  when  the  board  of  education  appoints 
a  truant  officer  other  than  a  police  officer,  said  board  shall 
fix  the  compensation  for  such  truant  officer  and  pay  such 
officer    from   the   incidental   fund.      The   compensation    and  HOW  paid- 
actual  expenses  of  the  county  truant  officer  shall  be  allowed 
and  paid  in  the  same  manner  as  the  compensation  of  other 
county  officers  is  allowed  and  paid  by  the  county;  and  when 
the  police  authorities  detail  one  or  more  members  of  the  force 
as  truant  officers,  they  shall  receive  such  compensation  and 
actual  expenses  for  such  service  as  the  board  of  aldermen  or 
police  commission  may  determine,  and  be  paid  from  the  same 
fund  as  the  police  authorities  are  usually  paid :    Provided,  Proviso. 
That  this  act  shall  not  be  so  construed  as  to  affect  any  exist- 
ing appointment. 

Am.    1907,   Act  74;   1911,  Act  255. 

(357)     §  5981.     SEC.  3.     (a)     It  shall  be  the  duty  of  the  Director  to 
school  director  of  all  school  districts,  except  in  city,  graded  S3>SStiieadl~ 
and  township  districts,  to  provide  the  teacher,  at  the  com- 


164 


STATE    OF    MICHIGAN. 


mencement  of  school,  with  a  copy  of  the  last  school  census, 
together  with  the  names  and  addresses  of  the  persons  in 
parental  relation,  also  address  of  the  county  commissioner 
of  schools.  The  teacher  shall,  at  the  opening  of  school  and 
at  such  other  times  as  may  be  necessary,  compare  said  census 
list  with  the  enrollment  of  the  school  and  report  to  the  coun- 
ty  commissioner  of  schools  the  names  of  the  parents  or  other 
persons  in  parental  relation  whose  children  of  the  ages  here- 
inbefore mentioned  are  not  in  regular  attendance  at  school, 
also  the  names  of  parents  or  other  persons  in  parental  rela- 
tion who  have  children  of  school  age  not  included  in  such 
census  and  who  do  not  attend  school ; 

whensecre-  (b)  In  all  city,  graded  and  township  districts  the  seere- 
fumieh  super-  tary  of  the  board  of  education  shall,  at  the  commencement 
intendent.  of  schooi?  furnish  a  copy  of  the  last  school  census  to  the 
superintendent  of  schools  in  such  city,  graded  and  township 
districts,  together  with  the  name  and  address  of  the  truant 
officer  under  whose  jurisdiction  they  act,  and  it  shall  be  the 
duty  of  said  superintendent  at  the  opening  of  school  to  com- 
pare said  census  list  with  the  enrol  Indent  of  the  school  or 
schools,  and  from  time  to  time  as  it  may  be  necessary  report 
to  the  proper  truant  officer  the  names  and  addresses  of  any 
parents  or  other  persons  in  parental  relation  whose  chil- 
dren of  the  ages  hereinbefore  mentioned  are  not  in  regular 
attendance  at  the  public  schools,  also  names  of  parents  or 
others  in  parental  relation  whose  children  are  not  in  the 
school  and  whose  names  are  not  included  in  such  census; 
it  shall  be  the  duty  of  the  principal,  or  any  other  person  or 
persons  in  charge  of  every  private  and  parochial  school  in 
any  city  or  township  of  the  county  at  the  opening  of  such 
schools  to  furnish  to  the  said  superintendent  or  county  com- 
missioner of  schools  the  name,  age  and  grade  of  the  child  and 
the  city  or  number  of  the  district,  the  township  and  county 
where  the  parent,  guardian  or  person  in  parental  relation  re- 
sides and  the  name  and  address  of  the  parent,  guardian  or 
other  person  in  parental  relation  of  every  child  who  has  en- 
rolled in  such  schools,  and  from  time  to  time  to  report  to 
said  superintendent  or  county  commissioner  the  name,  age 
and  grade  of  the  child  and  the  city  or  number  of  the  dis- 
trict, the  township  and  county  where  the  parent,  guardian 
or  person  in  parental  relation  resides  and  the  name  and  ad- 
dress of  the  parent,  guardian  or  other  person  in  parental  re- 
lation of  every  child  who  has  enrolled  in  such  schools,  and 
the  name,  age  and  grade  of  the  child  and  the  city  or  num- 
ber of  the  district,  the  township  and  county  where  the  par- 
ent, guardian  or  person  in  parental  relation  resides  and  the 
name  and  address  of  the  parent,  guardian  or  other  person 
in  parental  relation  of  every  child  who  is  not  in  regular  at- 
tendance in  such  schools; 

(c)     It  shall  be  the  duty  of  the  truant  officer  of  the  city 
or  district,  whenever  notified  by  the  teacher,  superintendent, 


Truant 
officer, 
duties  of 


GENERAL    SCHOOL    LAWS.  165 

or  olhcr  person  or  persons  of  violations  of  this  act,  and  the 
county  truant  officer,  when  notified  by  the  commissioner  of 
schools,  to  investigate  all  such  cases  of  truancy  or  non-at- 
tendance at  school,  and  if  the  children  complained  of  are 
not  exempt  from  the  provisions  of  this  act  under  the  condi- 
tions, named  in  section  one,  then  he  shall  immediately  pro- 
ceed as  it  is  provided  in  section  four  of  this  act  :  Provided,  Proviso. 
That  it  shall  be  the  duty  of  the  county  truant  officer  when 
requested  to  do  so  by  the  county  commissioner  of  schools 
to  inspect  the  outhouses  in  primary  districts  and  order  re- 
pairs on  the  same,  and  in  case  the  district  board,  after  proper 
notification  by  the  truant  officer,  fails  to  have  such  out- 
lionses  put  in  proper  and  sanitary  condition  it  shall  be  the 
duty  of  the  said  truant  officer  to  have  such  work  done  at 
the  expense  of  the  district; 

(d)     In  case  any  parent  or  other  person  in  parental  rela-  Misdemeanor, 
tion  shall  fail  to  comply  with  the  provisions  of  this  act,  he  w 
shall  be  deemed  guilty  of  a  misdemeanor,  and  shall  on  con- 
viction thereof  be  fined  not  less  than  five  dollars  nor  more 
than  fifty  dollars,  or  imprisonment  in  the  county  or  city  jail 
for  not  less  than  two  nor  more  than  ninety  days,  or  both  such 
fine  and  imprisonment  in  the  discretion  of  the  court. 

Am.  1907,  Act  74  ;  1911,  Act  255  ;  1917,  Act  179. 

(358)     §5982.     SEC.  4.     (a)     It  shall  be  the  duty  of  the  List  of  teach- 
county  commissioner  of  schools  to  furnish  the  truant  officer  t™truantbe 
of  the  county,  at  the  opening  of  the  schools,  with  a  list  of  officer. 
the  teachers  and  superintendents  employed  in  his  county  in 
school  districts  other  than   in  such  city,  graded  and  town- 
ship districts  as  are  described  in  section  two  of  this  act; 

(b)     In  case  any  parent  or  other  person  in  parental  rela- 


tion  shall  fail  to  send  the  child  or  children  under  his  or  her 
control  to  the  public  school,  the  truant  officer,  upon  having 
notice  from  proper  authority  of  such  fact,  shall  immediate- 
ly and  within  twenty-four  hours  thereafter  give  formal  writ- 
ten notice  in  person  or  by  registered  mail,  to  the  parent  or 
other  person  in  parental  relation,  that  the  child  or  children 
under  his  or  her  control  shall  present  himself  or  themselves 
at  the  public  school,  except  as  hereinbefore  provided,  on  the 
day  following  the  receipt  of  such  notice,  with  the  necessary 
text  books  for  instruction  in  the  proper  school  or  schools  of 
the  district  or  city.  Said  notice  shall  inform  the  parent  or 
other  person  in  parental  relation  of  the  date  that  attend- 
ance must  begin  and  that  such  attendance  at  school  must  be 
continuous  and  consecutive  during  the  remainder  of  the 
school  year  as  taught  in  the  district.  The  truant  officer  shall, 
at  the  same  time  the  said  formal  notice  is  given  to  the  par- 
ent or  person  in  parental  relation,  notify  the  teacher  or 
superintendent  or  commissioner  of  the  fact  of  notice,  and 
ii  shall  be  the  duty  of  the  teacher  or  superintendent  or  com- 
missioner to  notify  the  truant  officer  of  failure  on  the  part 


166 


STATE    OF    MICHIGAN. 


etc. 


Proviso. 


of  the  parent  or  other  person  in  parental  relation  to  comply 
with  said  notice; 

(c)  It  shall  be  the  duty  of  all  truant  officers,  after  hav- 
ing given  the  formal  notice  hereinbefore  described,  to  deter- 
mine whether  the  parent  or  other  person  in  parental  relation 
has  complied  with  the  notice,  and  in  case  of  failure  to  so 
comply  he  shall  immediately  and  within  three  days  after  hav- 
ing knowledge  or  being  notified  thereof,  make  a  complaint 
against  said  parent  or  other  person  in  parental  relation  hav- 
ing the  legal  charge  and  control  of  such  child  or  children, 
before  any  justice  of  the  peace  in  the  county  where  such 
party  resides  for  such  refusal  or  neglect  to  send  such  child 
or  children  to  school;  and  said  justice  of  the  peace  shall  is- 
sue a  warrant  upon  said  complaint  and  shall  proceed  to  hear 
and  determine  the  same  in  the  same  manner  as  is  provided 
by  statute  for  other  cases  under  his  jurisdiction,  and  in  case 
of  conviction  of  any  parent  or  other  person  in  parental  rela- 
tion for  violation  of  this  act,  said  parent  or  other  person  in 
parental  relation  shall  be  punished  according  to  the  provi- 
sions of  section  three  of  this  act:    Provided,    That  in  cities 
having  a  recorder's  court  and  justices  of  the  peace,  the  tru- 
ant  officer  shall   make   the   aforesaid   complaint  before  the 
magistrate  of  said  recorder's  court  or  before  a  justice  of  the 
peace,  and  said  magistrate  or  justice  shall  issue  a  warrant 
and  proceed  to  hear  and  determine  the  case  in  the  same  man- 
ner as  is  provided  in  the  statute  for  other  cases  under  his  ju- 
risdiction ; 

(d)  It  shall  be  the  duty  of  all  school  officers,  superintend- 
ents, teachers  or  other  persons  to  render  such  assistance  and 
furnish   such   information   as   they  may  have  at  their  com- 
mand to  aid  such  truant  officer  in  the  performance  of  his  of- 
ficial duty. 

Am.  1907,  Act  74;  1909,  Act  63;  1917,  Act  179. 

(359)  §  5983.     SEC.  5.     In  any  graded  or  city  district  in 
this  state,  the  school  board  or  officers  having  in  charge  the 
schools  of  such  districts  may  establish  one  or  more  ungraded 
schools  for  the  instruction  of  certain  children  as  defined  and 
set  forth  in  the  following  section.    They  may,  through  the  tru- 
ant officer  and  superintendent  of  schools,  require  such  chil- 
dren to  attend  said  ungraded  schools,  or  any  department  of 
their  graded  schools,  as  said  board  of  education  may  direct. 

(360)  §  5984.     SEC.  6.     The  following  classes  of  persons 
between  and  including  the  ages  of  seven  and  sixteen  years 
residing  in  graded  school  districts  or  cities  as  described  in 
section  five  of  this  act  shall  be  deemed  juvenile  disorderly 
persons  and  shall,  in  the  judgment  of  the  proper  school  au- 
thorities, be  assigned  to  the  ungraded  school  or  schools  as 
provided  in  section  five  of  this  act:      Class    one,    habitual 
truants  from  any  school  in  which  they  are  enrolled  as  pupils ; 
class  two,   children,   who,   while  attending   any   school,   are 


Teachers,  etc., 
to  aid  truant 
officer. 


School  boards 
may  establish 
ungraded 
schools. 


May  require 
attendance. 


Juvenile  dis- 
orderly per- 
sons, who 
deemed. 


GENERAL    SCHOOL    LAWS.  167 

icorrigibly  turbulent,  disobedient  or  insubordinate,  or  are 
vicious  and  immoral  in  conduct;  class  three,  children  who 
are  not  attending  any  school  and  who  habitually  frequent 
streets  and  other  public  places,  having  no  lawful  business, 
employment  or  occupation. 

Sec.  7  repeals  Act  95  of  1895,  being  C.  L.  1897,  §  §  4847-4852.  See  §  5985, 
C.  L.  1915. 

A  charge  that  respondent  was  a  disorderly  juvenile  offender,  in  that  she 
neglected  and  refused  to  go  to  school,  and  was  a  truant  and  is  an  unmanage- 
able child,  is  insufficient  to  sustain  a  conviction  (C.  L.  1915,  §  15576). — People 
v.  Turja,  157/530. 


An  Act  to  provide  for  the  compulsory  education  of  deaf  children. 
[Act  48,   P.   A.    1907.] 

The  People  of  the  State  of  Michigan  enact: 

(361)  §  598G.     SECTION  1.     Every  parent,    guardian    or  when  children 
other  person  in  the  state  of  Michigan    having    control    or  fo?the deaf01 
charge  of  any  child  or  children  between  the  ages  of  seven 

and  eighteen  years,  and  who  by  reason  of  deafness  or  im- 
perfect hearing  cannot  be  taught  successfully  in  the  public 
schools,  shall  be  required  to  send  such  child  or  children  to 
a  day  school  for  the  deaf,  the  Michigan  school  for  the  deaf, 
located  at  Flint,  or  to  such  other  school  for  the  deaf  as  the 
said  parent,  guardian,  or  other  person  in  parental  control, 
prefers :  Provided,  That  should  the  parent,  guardian  or  other  Proviso, 
person  in  parental  control  of  said  child  or  children  fail  to 
meet  the  foregoing  provision,  then  such  child  or  children 
shall  be  sent  to  the  Michigan  school  for  the  deaf,  located  at 
Flint. 

(362)  §  59S7.      SEC.    2.      In    cases    where    such    parent,  Traneporta- 
guardian  or  other  person,  on  account  of  their  poverty,  are  p?orgcSuiren. 
unable  to  furnish  such  child  or  children  with   transporta- 
tion to  and  from  such  school,  the  board  of  trustees  of  the 
Michigan  school  for  the  deaf  shall  furnish  such  transporta- 
tion each  year,  and  the  said  board  of  trustees  may  include 
therewith  transportation  for  such  parent,  guardian  or  other 

person  to  said  school  and  return,  where  the  child  is  under 
twelve  years  of  age,  and  for  that  purpose  may  issue  a  cer- 
tificate directed  to  the  auditor  general  that  said  amount  is 
necessary  for  the  benefit  of  such  individuals,  who  shall  draw 
his  warrant  upon  the  state  treasurer  therefor ;  and  any  such  sums,  how 
sums  are  hereby  appropriated  and  shall  be  paid  out  of  any  Wherend 
moneys   in  the  general  fund,   not    otherwise    appropriated,  charged- 
and  the  auditor  general  shall  charge  all  such    moneys,    so 
drawn,  to  the  county  of  which  such  parent,    guardian    or 
other  person  is  a  resident,  or  to  which  he  or  she  belongs,  to 
be  collected  and  returned  to  the  general  fund  the  same  as 
any  state  taxes  are  required  to  be  by  law. 

(363)  §  5988.     SEC.  3.     Act  number  two  hundred  of  the  Certain  act 
public  acts  of  nineteen  hundred  five,  entitled  "An  act  to  pro- 


168 


STATE    OP    MICHIGAN. 


vide  for  the  compulsory  education  of  children,  for  penalties 
for  failure  to  comply  with  the  provisions  of  this  act,  and  to 
repeal  all  acts  or  parts  of  acts  conflicting  with  the  provisions 
of  the  same,"  shall  apply  in  the  execution  of  this  act,  and 
the  officers  mentioned  in  said  act  shall  be  required  to  report 
all  cases  of  deaf  children  residing  in  their  jurisdiction  to  the 
penalties.  superintendent  of  the  Michigan  school  for  the  deaf,  and  they 
shall  enforce  this  act  in  the  same  manner  as  the  said  act 
number  two  hundred  of  nineteen  hundred  five  is  enforced. 
The  same  penalties  prescribed  for  violation  of  said  act  are 
hereby  prescribed  for  violation  of  this  act. 


Time  may 


An  Act  to  provide  for  the  maintenance,  supervision  and  government 
of  the  Michigan  school  for  the  blind,  and  to  repeal  all  acts  and 
parts  of  acts  inconsistent  herewith. 

[Extract  from  Act  123,  P.  A.  1893.] 

(364)  §  1474.  SEC.  7.  The  period  in  which  pupils  shall 
ke  entitled  to  remain  in  said  school  shall  be  twelve  years,  or 
the  board  of  control  may,  in  cases  where  they  deem  it  advis- 
and  able,  extend  such  time  to  fourteen  years.  This  section  shall 
not  be  so  construed  as  to  prohibit  the  said  board  of  control 
from  dismissing  any  pupil  within  the  such  period  for  per- 
sistent disobedience,  immoral  conduct,  or  other  sufficient 
cause,  neither  shall  anything  in  this  act  operate  to  prohibit 
the  transfer  of  any  child  over  the  age  of  eighteen  years  to 
the  Michigan  employment  institution  for  the  blind  upon  con- 
sent granted  by  the  board  of  control  of  the  Michigan  school 
for  the  blind,  and  whenever,  in  the  discretion  of  said  board, 
the  transfer  of  any  such  child  will  be  for  its  best  interests  or 
the  best  interests  of  the  said  Michigan  school  for  the  blind. 

Am.   1907,  Act  116. 

NOTE.  —  Act  188,  P.  A.  1917  provides  for  the  temporary  care  and  mainte- 
nance of  blind  children  under  the  age  of  six  years  in  the  state  public  school 
pending  arrangements  being  made  at  Michigan  school  for  the  blind  for  care 
of  said  children. 


Duty  of 
secretary  of 
Btate. 


Census 
enumerator. 


(365)  §  1476.  SEC.  9.  It  shall  be  the  duty  of  the  secre- 
tary of  state  to  make  out  and  forward  to  the  superintendent 
of  the  Michigan  school  for  the  blind,  on  or  before  the  first 
day  of  November  in  each  year,  on  blanks  prepared  for  that 
purpose,  a  copy  in  detail  of  so  much  of  the  statistical  in- 
formation received  by  him  by  virtue  of  any  law  of  this  state 
as  relates  to  the  blind.  It  shall  be  the  duty  of  each  school 
census  enumerator  provided  for  in  the  general  school  laws 
of  the  state,  within  the  district,  ward,  or  portion  thereof,  al- 
lotted to  him,  to  procure  the  name,  age,  residence,  and  the 
name  and  residence  of  the  parents  or  guardians  or  persons  in 
control  or  in  charge  of  each  blind  child,  and  of  each  child 
whose  vision  is  so  defective  as  to  make  it  impossible  to  prop- 
erly educate  such  child  in  the  public  schools,  between  the 
ages  of  seven  and  nineteen  years. 


GENERAL    SCHOOL    LAWS.  169 


(a)  The  said  enumerators  in  addition  to  their  duties  now 
prescribed  in  the  general  school  laws  shall  make  a  list  of  the 
iiames  of  all  blind  children,  or  children  whose  vision  is  so 
defective  as  to  make  it  impossible  to  properly  educate  them  verified,  etc. 
in  the  public  schools,  together  with  the  data  herein  author- 

ized to  be  secured,  which  list  shall  be  verified    by    oath    or 

affirmation  of  the  person  taking    such    census,    by    affidavit 

appended  thereto,  or  inserted  thereon,  setting  forth  that  it 

is  a  correct  list  of  the  names  of  all  the  children  herein  desig- 

nated, residing  within  the  particular  school  district,  w^ard, 

or  portion  thereof.     Said  affidavit  may  be  made  before  the 

township   clerk   or   any  other  officer  authorized   by  law   to 

take  acknowledgments.     Blanks  for    this    purpose    shall    be 

furnished  by  the  department  of  public  instruction  to  the  sec- 

retary of  every  school    board    within    the    state.     The  said 

list  shall,  after  it  has  been  properly  verified,  and  within  the 

time  prescribed  by  the  general  school  laws  for  the  filing  of 

census  lists,  be  forwarded  by    the    secretaries    of    the    said 

school  boards  to  the  superintendent  of  public  instruction  and 

a  copy  thereof  shall  be  filed  with  the  proper  officer  of  the 

township  or  city,  as  the  case  may  be.    The  said  superintend-  Juub^c°fn/upt- 

ent  of  public  instruction  shall,  immediately  upon  receipt  of  struction. 

the  various  lists,  prepare  and  tabulate  a  report  containing 

the  name,  age  and  residence  of  each  blind  child,  and  each 

child  whose  vision  is  so  defective  as  to  make  it  impossible  for 

it  to  be  properly  educated  in  the  schools  for  the  seeing  with- 

in this  state,  together  with  the  names  and  residences  of  the 

parents,  guardian,  or  person  having  the  control  of  any  such 

child,  which  report  shall  be  forwarded  to  the  superintendent 

of  the  Michigan  school  for  the  blind. 

(b)  It  shall  be  the  duty  of  every  parent,  guardian,  or  ^{J^en  to  be 
other  person,  having  control  or  charge  of  any  child  or  chil-  sent  to 
dren  in  the  state  of  Michigan,  between  the  ages  of  seven  and 
nineteen  years  who  are  blind,  or  whose  vision  is  so  defective 

as  to  make  it  impossible  to  have  them  properly  educated  in 
the  schools  for  the  seeing,  to  send  such  child,  or  children,  to 
the  Michigan  school  for  the  blind,  to  be  received  at  that 
school  in  accordance  with  the  provisions  of  the  statute,  and 
the  rules  and  regulations  which  are  or  may.be  prescribed  by 
the  board  of  control  of  said  school:  Provided,  That  the  par- 
cuts,  guardian  or  person  having  control  of  any  such  child 
shall  not  be  required  to  send  them  to  the  Michigan  school 
for  the  blind  when  they  come  within  any  one  of  the  follow- 
ing classes: 

(1)  Any  child  or  children  being  educated  in  any  private 
or  parochial  school; 

(-)  Any  child  or  children  physically  or  mentally  incom- 
petent of  being  educated  ; 

(3)  Any  child  or  children  over  the  age  of  seventeen  years 
who  have  been  taught  and  are  employed  and  are  working  at 
a  trade; 


170 


STATE    OP    MICHIGAN. 


Duty  of  sup- 
erintendent 
of  school. 


Truant 
officer. 


When  super- 
intendent to 
notify  truant 
officer. 


When  to  en- 
force act. 


(4)  Any  child  or  children  of  the  age  of  eighteen  years  em- 
ployed at  the  Michigan  employment  institution  for  the  blind ; 

(c)  It  shall  be  the  duty  of  the  superintendent  of  the  Mich- 
igan school  for  the  blind  to  furnish  to  the  county  commis- 
sioner of  schools  of  every  county,  and  to  the  secretary  of 
the  school  board  in  every  city  or  village,  a  list  of  the  names 
of  such  children  within  such  county,  city  or  village,  as  come 
within  the  provisions  of  this  act.  Each  truant  officer  shall, 
when  notified  by  the  board  of  control,  or  by  the  superintend- 
ent of  the  Michigan  school  for  the  blind,  or  by  anyone  ap- 
pointed or  designated  by  them,  or  by  the  county  commis- 
sioner of  schools,  that  there  are  within  such  village,  city  or 
county,  as  the  case  may  be,  children  who  come  within  the 
provisions  of  this  act,  investigate  all  such  cases  and  report 
the  conditions  found  to  exist  to  the  superintendent  of  the 
Michigan  school  for  the  blind,  and  the  commissioners  of 
schools  of  the  county.  The  superintendent  of  the  Michigan 
school  for  the  blind  shall,  upon  receipt  of  such  report  from 
any  truant  officer,  determine  whether  or  not  the  children 
in  question  are  included  within  the  provisions  of  this  act, 
and  if  in  his  judgment  such  children  are  included  within 
the  provisions  of  this  act,  and  are  not  included  within  the 
exempted  classes  named  herein,  he  shall  notify  the  proper 
truant  officer,  who,  upon  receipt  of  such  notice,  shall  take 
such  steps  against  the  parents,  guardian  or  other  person  hav- 
ing charge  or  control  of  any  such  child  or  children,  to  en- 
force the  provisions  of  this  act,  as  are  now  prescribed  in  act 
two  hundred  of  the  public  acts  of  nineteen  hundred  five,  as 
amended,  relative  to  compulsory  education  under  the  general 
school  law. 

(d)  In  case  when  such  parent,  guardian  or  other  person, 
on  account  of  indigent  circumstances,  are  unable  to  furnish 
such  child  or  children  with  transportation -to  and  from  such 
school,  the  board  of  trustees  of  the  Michigan  school  for  the 
blind  shall  provide  such  transportation  each  year,  and  the 
said  board  of  trustees  may  include  therewith  transportation 
for  such  parent,  guardian  or  other  person  to  said  school  and 
return,  when  the  child  is  under  twelve  years  of  age,  and  for 
that  purpose  may  issue  a  certificate  directed  to  the  auditor 
general  that  said  amount  is  necessary  for  the  benefit  of  such 
individuals,  who  shall  draw  his  warrant  upon  the  state  treas- 
urer therefor,  and  any  such  sums  are  hereby  appropriated, 
and  shall  be  paid  out  of  any  moneys  in  the  general  fund, 
not  otherwise  appropriated,   and  the  auditor  general  shall 
charge  all  such  moneys,  so  drawn,  to  the  county  of  which 
such  parent,  guardian  or  other  person  is  a  resident,  or  to 
which  he  or  she  shall  belong,  to  be  collected  and  returned 
to  the  general  fund,  the  same  as  any  state  taxes  are  required 
to  be  by  law. 

(e)  Anyone  refusing  to  comply    with    any  of  the  provi- 
sions of  this  act,  and  any  parent,  guardian  or  other  person 


Proceedings 
in  indigent 


Penalty  for 
violation. 


GENERAL  SCHOOL  LAWS.  171 

who  shall  wilfully  refuse  to  send  any  children  coming  within 
the  provisions  of  this  act  and  not  herein  expressly  exempted, 
to  the  Michigan  school  for  the  blind,  or  who  shall  detain 
any  such  children  who  should  be  in  attendance  at  said 
school,  shall,  upon  conviction  by  any  court  of  competent  au- 
thority, be  deemed  guilty  of  a  misdemeanor  and  shall  be 
subject  to  such  penalties  as  are  prescribed  in  said  act  two 
.hundred  of  the  public  acts  of  nineteen  hundred  five  as 
amended  for  the  violation  of  any  of  its  provisions.  All  pro-  Applicable 
visions  of  said  act  two  hundred  of  the  public  acts  of  nine- 
teen hundred  five  are  made  applicable  hereto  except  in  so  far 
as  they  may  be  inconsistent  herewith. 

Am.  Id. 


CARE  AND  INSTRUCTION  OF  BLIND  BABIES. 

An  Act  to  provide  for  the  care,  maintenance  and  instruction  of  blind 
babies   and  children  under  school  age. 

[Act  258,   P.   A.    1913.] 

The  People  of  the  State  of  Michigan  enact: 

(3GG)     §  1480.     SECTION  1.     The  state  board  of  education  Blind  children, 
shall  have  power  to  provide  for  the  suitable  care,  mainte-  c?rcertain. 
nance  and  instruction  of  babies  and  children  under  school 
age  residing  in  this  state,  who  may  be  born  blind  or  become 
blind  in  any  case  where  by  reason  of  lack  of  means  or  other 
cause  the  parent  or  parents  of  such  children  may  be  unable 
to  properly  care  for,  maintain  and  educate  such  children. 

(367)  §  1481.     SEC.  2.     For    the    purpose    of    providing  Maintenance, 
such  care,  maintenance  and  education  the  said  board  of  edu-  educatlon'  et 
cation  shall  have  power  to  contract  with  any  institution  hav- 
ing or  furnishing  facilities  for  such  care,  maintenance  and 
education  in  this  or  any  other  state  at  a  contract  price  to  be 

agreed  upon,  not  exceeding  five  dollars  per  week  per  child : 
Provided,  That  such  contract  shall  be  made  by  and  with  the  Proviso, 
written  consent  of  the  parents  or  surviving  parent  of  any 
such  child. 

(368)  §  1482.     SEC.  3.     Such  contract  shall  continue  in  Time  child 
force  and  the   care,   maintenance  and    education    provided  t( 
therein  shall  continue  until  such  child  attains  the  age  of  six 

years. 

.  (369)  §  1483.  SEC.  4.  There  shall  be  included  in  the  tax  Tax  clause. 
to  be  levied  for  state  school  purposes,  a  rate  sufficient  to 
raise  the  sum  of  twenty-five  hundred  dollars,  in  addition  to 
all  other  sums  provided  by  law,  which  sum,  or  so  much  there- 
of as  may  be  necessary,  is  hereby  appropriated  for  the  pur- 
pose of  carrying  out  the  provisions  of  this  act. 


172 


STATE    OF    MICHIGAN. 


(370)  §  1484.  SEC.  5.  Nothing  in  this  act  contained 
shall  be  deemed  to  repeal  or  in  any  way  modify  any  existing 
law  with  reference  to  the  education  of  the  deaf,  dumb  and 
blind. 


What  chil- 
dren deemed 
truants  or 
disorderly 
persons. 


Who  to  make 
complaint. 


MISCELLANEOUS  OFFENSES. 

An  Act  to  prevent  crime  and  to  punish  truancy. 
[Act  222,   P.   A.   1887.] 

The  People  of  the  State  of  Michigan  enact: 

^  (371)  §  15576.  SECTION  1.  That  every  boy  between  the 
a'ge  of  ten  and  sixteen  years,  or  any  girl  between  the  age  of 
ten  and  seventeen  years,  who  shall  frequent  or  be  found 
lounging  about  saloons,  disreputable  places,  houses  of  ill 
fame,  or  who  shall  be  an  inmate  or  resident  or  a  member  of  a 
family  who  [reside]  resides  in  any  house  of  ill  fame,  or  con- 
duct any  other  disreputable  place,  or  who  shall  frequent 
other  rooms  or  places  where  dissolute  and  disreputable  people 
congregate,  or  where  intoxicating  liquors  are  kept  for  sale,  or 
who  shall,  against  the  command  of  his  or  her  parents  or 
guardian,  run  away  or  wilfully  absent  himself  or  herself 
from  the  school  he  or  she  is  attending,  or  from  any  house, 
office,  shop,  firm  or  other  place  where  he  or  she  is  residing  or 
legitimately  employed  with  labor,  or  Avho  shall  against  such 
command  of  his  or  her  parents  or  guardian  or  for  any  im- 
moral, disorderly  or  dishonest  purposes  be  found  lounging 
upon  the  public  streets,  highways  or  other  public  resorts  or 
at  places  of  amusement  of  dissolute  or  improper  character,  or 
who  shall  against  any  such  command  or  for  any  [such]  dis- 
orderly or  dishonest  purposes  attend  any  public  dance,  skat- 
ing rink,  or  sho\v  shall  be  deemed  guilty  as  a  truant  or  dis- 
orderly child. 

A  charge  that  respondent  was  a  disorderly  juvenile  offender  and  was  a 
truant  and  is  an  unmanageable  child,  is  insufficient  to  sustain  a  conviction. — 
People  v.  Turja,  157/530. 

(372)  §  15577.  SEC.  2.  Upon  the  complaint  upon  oath 
and  in  writing  made  before  any  justice  of  the  peace,  police 
justice  or  other  criminal  magistrate,  by  the  parent  or  guar- 
dian, or  other  person  knowing  of  the  facts  of  his  own  knowl- 
edge, that  any  girl  between  the  age  of  ten  and  seventeen 
years,  or  that  any  boy  between  the  age  of  ten  and  sixteen 
years,  or  by  the  supervisor  of  any  township,  or  mayor  of  any 
city,  or  president  of  any  village,  and  in  any  city  of  over  eight 
thousand  population  by  the  chief  of  police,  mayor,  or  other 
person  knowing  of  the  facts  of  his  own  knowledge,  that  such 
minor  has  been  guilty  of  any  of  the  acts  specified  in  section 


GENERAL    SCHOOL    LAWS.  173 

one  of  this  act,  such  justice  of  the  peace,  police  justice  or  Term  of 
other  criminal  magistrate,  shall  issue  a  warrant  for  the  8€ 
arrest  of  such  minor,  and  upon  conviction  such  minor,  if  a 
boy,  may  be  sentenced  by  such  justice  of  the  peace,  police  jus- 
tice or  criminal  magistrate,  to  the  industrial  school  for  boys 
at  Lansing,  and  if  a  girl,  to  the  industrial  home  for  girls  at 
Adrian,  boys  until  eighteen  years  of  age,  and  girls  until 
twenty-one  years  of  age,  unless  sooner  discharged  according 
to  law :  Provided,  That  no  person  or  persons  shall  be  sent 
to  the  said  industrial  school  for  boys  or  to  the  industrial 
home  for  girls  until  the  sentence  therein  has  been  submitted 
to  and  approved  by  one  of  the  judges  of  the  recorder's  court 
of  the  city  of  Detroit,  or  judge  of  the  superior  court  of  the 
city  of  Grand  Kapids,  or  any  circuit  judge  or  probate  judge 
of  the  county  in  which  such  conviction  shall  be  had. 

Am.   1899,  Act  75. 

(373)  §  15578.     SEC.  3.     The  same  proceedings  shall  be  Proceedings 
had  upon  the  trial  of  any  person  charged  with  being  guilty  u 

of  any  of  the  offenses  mentioned  in  section  one  of  this  act 
before  the  justice  before  whom  such  person  is  brought  as  are 
had  in  trials  for  misdemeanor,  as  far  as  the  same  are  ap- 
plicable, and  the  state  agent  for  the  care  of  juvenile  offenders  Duty  of 
of  the  county  wherein  such  offenders  may  be  on  trial  shall  Bt 
have  authority  and  take  the  same  action  in  the  premises  as 
is  provided  by  act  number  one  hundred  and  seventy-one  of 
the  session  laws  of  eighteen  hundred  and  seventy-three  of  this 
state. 

An  Act  to  provide  for  the  punishment  of  persons  responsible  for  or 
contributing  to  the  delinquency  of  children. 

[Act  314,   P.   A.   1907.] 

The  People  of  the  Stale  of  Michigan  enact: 

(374)  §  2028.   SECTION  1.  In  all  cases  where  any  child  shall  J^eiiniuent 
be  a  delinquent  child,  or  a  juvenile  delinquent  person,  as  de-  children,  re- 
fined by  the  statutes  of  this  state,  the  parent  or  parents,  legal  Of,°penaity^ 
guardian  or  person  having  the  custody  of  such  child,  or  any 

other  person,  responsible  for  or  by  any  act  encouraging,  caus- 
ing or  contributing  to  the  delinquency  of  such  child  shall  be 
guilty  of  a  misdemeanor,  and  upon  trial  and  conviction  there- 
of, shall  be  punished  by  a  fine  not  exceeding  the  sum  of  one 
hundred   dollars  or  imprisonment  in  the  county  jail  for  a 
period  not  exceeding  ninety  days,  or  both  such  fine  and  im- 
prisonment :   Provided,   That  the  court  may,  in  its  discretion,  Proviso  as  to 
suspend  sentence  upon  any  person  found  guilty  under  this  sentence011 ' 
act  upon  conditions  which  may  be  imposed  by  the  court  at 
the  time  of  the  suspension  of  such  sentence. 


174 


STATE    OF    MICHIGAN. 


saloon,  etc. 


An  Act  to  provide  for  the  protection  of  children. 

(From  this  act  only  such   portion  is  quoted  as  relates  directly  to   students 
in  schools.) 

[Act   260,   P.   A.    1881.] 

Minors  or  (375)  §  7223.  SEC.  2.  No  minor  child  under  seventeen 

years  of  age,  nor  any  minor  who  is  a  student  in  any  public, 
private  or  parochial  school  in  the  state  of  Michigan,  shall  be 
permitted  to  remain  in  any  saloon,  bar  room  or  other  place 
where  any  spirituous  or  intoxicating  liquor,  or  any  wine  or 
beer,  or  any  beverage,  liquor  or  liquors  containing  any  spirit- 
uous or  intoxicating  liquor,  beer  or  malt  liquor  is  sold,  given 
away  or  furnished  for  a  beverage;  or  in  any  place  of  amuse- 
ment known  as  dance  houses,  concert  saloons,  variety 
theaters;  or  in  any  house  of  prostitution;  or  in  any  room  or 
hall  occupied  or  used  for  hire,  gain  or  reward,  for  the  pur- 
pose of  playing  billiards,  pool,  cards,  dice  or  any  other  un- 
lawful game;  or  in  any  room  or  hall  used  or  occupied  for 
gaming,  pool-selling  or  betting  in  any  manner  whatever;  or 
in  any  room  or  hall  in  which  any  cigars  or  tobacco  are  sold 

Misdemeanor,  or  kept  for  sale,  where  any  such  games  are  played.  Any 
proprietor,  keeper  or  manager  of  any  such  place  who  shall 
permit  such  minor  child  or  minor  student  to  remain  in  any 
such  place,  and  any  person  who  shall  encourage  or  induce 
in  any  way  such  minor  child  or  minor  student  to  enter  such 
place  or  to  remain  therein  shall  be  deemed  guilty  of  a  mis- 

Penaity.  demeanor,  and  on  conviction  thereof  shall  be  punished  by  a 
fine  of  not  less  than  twenty-five  dollars  nor  more  than  fifty 
dollars,  or  by  imprisonment  in  the  county  jail  not  less  than 
ten  days  nor  more  than  thirty  days,  or  both  such  fine  and 
imprisonment  in  the  discretion  of  the  court. 

Am.  1905,  Act  236  ;  1907,  Act  55  ;  1909,  Act  203. 


EMPLOYMENT  OF  CHILDREN. 

[Extract  from  Act  285,  P.  A.  1909.] 

Child  under  21  (376)  §5331..  SEC.  10.  No  child  under  the  age  of  twen- 
ty-one  years  shall  be  employed,  permitted  or  suffered  to  work 
in  any  theater,  concert  hall,  or  place  of  amusement  where 
intoxicating  liquors  are  sold.  No  child  under  fifteen  years 
Kot  of  age  g^all  be  employed,  permitted  or  suffered  to  work  in 
or  in  connection  with  any  mercantile  institution,  store,  office, 
hotel,  laundry,  manufacturing  establishment,  mine,  bowling  al- 
ley, billiard  or  pool  room  conducted  for  profit,  theater,  pas- 
senger or  freight  elevator,  factory  or  workshop,  telegraph 


eold, 

Child  under 
15,  wher 
to  work. 


GENERAL    SCHOOL    LAWS.  175 

or  messenger  service  within  this  state :    Provided,    This  sec-  Proviso, 
tion  shall  not  apply  to  any  child  of  the  age  of  fourteen  years  M!  onUsatur- 
or   over,   working  on    Saturdays   or  other   days   during  the day  etc- 
school  year,  outside  of  school  hours  or  during  the  established 
vacation  periods  in  preserving  perishable  goods  in  fruit  or 
vegetable  canning  establishments  or   in   any  mercantile  in- 
stitutions,   store,   office,   hotel,   laundry,    manufacturing    es- 
tablishment, factory  or  Avorkshop,  telegraph    or    messenger 
service  within  this  state.     It  shall  be  the  duty  of  every  mer-  Register  to  be 
cantile  institution,  store,  hotel,  office,  laundry,  manufactur-  contain.hal 
ing  establishment,  mine,  bowling  alley,  workshop,  telegraph 
or  messenger  service  or  any  person  coming  within  the  pro- 
visions of  this  act  to  keep  a  register  in  which  will  be  record- 
ed the  name,  birthplace,  age  and  place  of  residence  of  every 
person  employed  under  the  age  of  sixteen  years,  and  it  shall  cmm  under 
be  unlawful  for  any  such  establishment  or  person  to  hire  or  hfr 
employ,  or  permit  to  be  hired  or  employed  "or  suffered  to  Permit- 
work,  any  child  under  the  age  of  sixteen  years  without  there 
is    first  provided   and   placed   on   file  in   the  business  office 
thereof  a  permit  issued  by  the  superintendent  of  schools  of  who  to  issue, 
the  school  district  in  which  such  child  resides,  or  the  county 
commissioner  of  schools,  or  some  one  duly  authorized  by  him 
in  writing,  any  of  whom  shall  have  power  to  administer  oaths 
in   relation  thereto.     Such  permit  shall  be  returned  imme-  Return  of 
diately  to  the  issuing  officer  by  the  employer  when  such  child  per 
leaves  such  employment.    A  child  shall  be  considered  as  hav- 
ing withdrawn  from  his  employment  when  he  or  she  shall  have 
absented  himself  or  herself  from  work  for  five  full  working  ' 
davs  without  explanation.     Every  limited  vacation  permit,  Limited  vaca- 

i          •       »j_  -i-i  -i-ii-n*  • .  •      j  •          ?  •  -i  tion  permits. 

hereinafter  to  be  described,  shall,  upon  its  expiration,  be  void 

and  of  no  effect.    The  said  Register  and  permit  shall  be  pro-  inspection  of 

cluced  for  inspection  on  demand  of  any  factory  inspector  ap-  ?egisteran< 

pointed  under  this  act.    No  fee  shall  be  charged  for  such  per-  NO  fee  for 

mit  or  other  record  required  by  this  act  by  any  officer  by  per 

whom  it  shall  ^be  issued.     Every  employer  complying  with 

the  provisions  of  this  section  shall  be  at  liberty  to  employ 

the  person   so   presenting  the  permit   hereinbefore   referred 

to,  and  is  justified  in  considering  and  treating  such  person 

as  of  the  age  shown  in  such  permit  and  shall  not  be  liable, 

if  it  transpire  that  such  person  is  under  the  age  represented 

in  such  permit,  to  any  greater  extent  than  such  employer 

would  be  liable  if  such  person  were  of  the  age,  represented. 

The  person   authorized   and   required  to   issue   such  permit  Prerequisites 

shall  not  issue  the  same  until  he  has  received,  examined,  ap-  Permitan< 

proved  and  filed  the  following  papers  duly  executed : 

(a)     The  school  report  of   said  child  properly  filled  out  School  report, 
and  signed  as  hereinafter  provided:   Provided,  however,  That  Proviso,  sat- 
when  such  permit  is  issued  during  the  summer  vacation  or  uon%8tcvac 
for  working  on  Saturdays  or  other  days  during  the  school 
year,  outside  of  school  hours  no  such  record  shall  be  required, 
but  all  such  permits,  called  in  this  act  limited  vacation  per- 


176 


STATE    OF    MICHIGAN. 


Limited  vaca- 
tion permits 
expire  Labor 
Day. 


Attestation 
as  to  birth. 


Idem, 

physician's 

statement. 


Weight  and 
height. 


Affidavit 

from 

parents. 


Ability  to 
read  and 
write. 


Normal  de- 
velopment. 


Proviso. 


Doubtful 
cases. 

Permit  how 
signed,  what 
to  state. 


School  record, 
how  signed 
and  furnished. 


What  to  con- 
tain. 


mits,  shall  expire  upon  the  first  Monday  in  September,  com- 
monly called  Labor  Day,  shall  contain  a  conspicuous  state- 
ment of  the  time  at  which  they  shall  expire  and  shall  be  of 
a  special  color  distinct  from  regular  permits; 

(b)  A  passport,  or  duly  attested  transcript  of  the  record 
of  birth,  as  kept  by  any  duly  authorized  public  authority, 
or  a  record  of  baptism  or  other  religious  record,  showing 
the  date  and  place  of  birth  of  such  child; 

(c)  A    statement   from    a    physician    connected   officially 
with  the  board  or  department  of  health,  which  shall  be  re- 
quired, however,  only  in   case  the  above  mentioned   official 
or  religious  record  cannot  be  produced,  which  statement  shall 
certify   that,   in   the  opinion   of  the  physician   issuing  said 
statement,  the  child  is  fifteen  years  of  age  or  upwards,  is 
in  sound  health  and  physically  able  to  perform    the    work 
which  it  intends  to  do.     Such  statement  shall  also  certify 
to  the  correct  weight  and  height  of  said  child,  and  shall  be 
kept  on  file  by  the  person  issuing  working  permits ;  such  per- 
son may,  in  his  discretion,  require  also  an  affidavit  from  the 
parents  or  other  evidence  as  additional  proof  of  age; 

(d)  A  statement  by  the  issuing  officer  that  he  has   ex- 
amined said  child,  that  in  his  opinion  the  child  can  read  in- 
i Diligently  and   write  legibly  simple  sentences  in   the  Eng- 
lish language,  that  in  his  opinion  the  child  is  fifteen  years 
of  age  or  upwards,  fourteen  years  in  the  case  of  a  vacation 
permit  or  a  permit  to  work  on  Saturdays  or  other  days  dur- 
ing the  school  year,  outside  of  school  hours  and  has  reached 
the  normal  development  of  a  child  of  its  age  and  is  in  sound 
health  and  physically  able  to  perform  the  work  which  it  in- 
tends to  do,  and  that,  in  his  opinion  the  services  of  the  child 
are  essential  to  the  support  of  itself  or  its  parents :  Provided, 
That  permits  for  vacation  periods  and   Saturdays  or  other 
days  during  the  school  year,  outside  of  school  hours  shall 
not  certify  that  the  wages  of  the  child  are  essential  to  the 
support  of  the  family.     In  doubtful   cases,  physical  fitness 
for  such  work  shall  be  determined  by  a  medical  officer  of 
the  board  or  department  of  health.     Every  such  permit  shall 
be  signed  in  the  presence  of  the  officer  issuing  the  same  by 
the  child  in  whos3  name  it  is  issued;  and  shall  state  the 
date  and  place  of  birth  of  the  child,  and  describe  the  color 
of  the  hair  and  eyes,  the  height  and  weight  and  any  dis- 
tinguishing facial  marks  of  such  child,  and  that  the  paper 
required  by  the  preceding  sections  has  been  duly  examined, 
approved  and  filed,  and  that  the  child  named  in  such  permit 
has   appeared  before  the  officer  signing  the  same  and  been 
examined.     The  school  record  required  by  this  article  shall 
be  signed  by  the  principal  or  chief  executive  officer  of  the 
school  which  such  child  has  attended  and  shall  be  furnished 
on  demand  to  a  child  entitled  thereto.     It  shall  contain  a 
statement  certifying  that   the  child  has  regularly  attended 
the  public  school,  or  schools  equivalent  thereto,  or  parochial 


GENERAL    SCHOOL    LAWS.  177 

schools  for  not  less  than  one  hundred  days  during  the 
school  year  previous  to  his  arriving  at  the  age  of  fifteen 
years  or  during  the  year  previous  to  applying  for  such  school 
record,  and  is  able  to  read  intelligently  and  write  legibly 
simple  sentences  in  the  English  language,  and  in  the  case  of 
the  public  schools,  has  passed  satisfactorily  the  work  of  the 
school  up  to  and  including  the  work  of  the  sixth  grade,  as 
provided  in  the  course  of  study  of  the  public  schools,  or  in 
the  case  of  schools  other  than  public,  the  equivalent  thereto. 
Such  school  record  shall  also  give  the  age  and  residence  of  Idem,  age 

,  . ,  ,  ,  ,        ,  ,     . .      ana  residence. 

the   child   as   shown    on   the  records   of  the  school   and   the 
name  of  its   parents  or  guardians  or  custodian :    Provided,  Pr<>viso. 
That  in  the  case  of  limited  vacation  permits  or  permits  to 
work   on   Saturdays  or  other  days  during  the  school  year, 
outside  of  school   hours  the  school  record  and  all  other  re- 
quirements  relating  to   educational   qualifications    shall    be 
waived,  but  all  other  requirements  shall  be  complied  with 
as  prescribed  in  this  section.    Every  month  after  the  issuance  child  to 
of  a  permit  the  child  shall  report  to  the  person  who  issued  monthly, 
same,   either   in   person    or   in   writing,   through   its   parent, 
or  guardian,  stating  that  the  child  is  employed,  giving  the 
name  of  employer  and   the  location  of  the  place  of  employ- 
ment, and   if  not  employed  said  child  shall  be  compelled  to 
attend  school:    Provided,  That  nothing  in  this  act  shall  be  Proviso, 
used    1o   invalidate   the  right    of  any  minor  over  the  age  of 
fourteen    years   to   use   a   working  permit   issued   before  the 
passage  of  1his  act; 

(»     Any  person  who  shall  make  a  false  statement,  trans-  False  etate- 
cript,   passport,   school  certificate,  certificate  of  physical  fit-11 
ness,  school  record  or  any  other  writing  required  to  be  made 
or   filed   by  the  provisions   of  this   section   shall  be  deemed 
guilty  of  a    misdemeanor,   and   shall  be  punished  by  a  fine  Penalty. 
of  not  less  than  ten  nor  more  than  one  hundred  dollars  or 
imprisonment  for  not  less  than  ten  days  nor  more  than  nine- 
ty days,  or  by  both  such  fine  and  imprisonment  in  the  dis- 
cretion of  the  court; 

(f)  Whenever  continuation  classes  shall  be  established 
for  minors  under  sixteen  years  of  age  working  as  now  per- 
mitted by  law,  or  out  of  school  -by  permission  to  help  at 
home,  every  such  child  residing  in  any  city  in  which  such 
classes  are  established  shall  attend  such  classes  not  less  than 
four  hours  per  week  and  every  employer  shall  allow  all  minor 
employes  under  eighteen  years  of  age  who  have  not  completed 
the  eighth  grade,  a  reduction  in  hours  of  work  of  not  less 
than  the  number  of  hours  the  minor  is  by  this  section  to  at- 
tend schools. 

Am.   1911,  Act  220;  1915,  Act  255;   1917,   Act  280. 

Drake  v.  Industrial  Works,  174  /  623  ;  Powell  v.  E.  H.  Stafford  Manfg.  Co., 
183  /  1. 

NEGLIGENCE. — The  employment  of  a  child  under  the  age  of  13  years  to 
work  upon  a  mangle  in  a  laundry  is  plainly  a  violation  of  this  statute,  184  / 
479  ;  Paskvan  v.  Allouez  Mining  Co.,  185  /  332. 

Fur  blank  forms  in  connection  with  this  section,  see  Appendix. 

23 


178 


STATE    OP    MICHIGAN. 


Unlawful  to 
organize,  etc. 


Teacher, 
duty  of. 


Board  of 
education, 
investiga- 
tion. 


Penalty  for 
neglect. 


FRATERNITIES,  SORORITIES,  ETC.,  ABOLISHED. 

An  Act  to  abolish  fraternities,  sororities  and  all  other  secret  societies 
among  the  pupils  of  the  public  schools  of  the  state  of  Michigan. 

[Act  271,  P.  A.   1911.] 

The  People  of  the  State  of  Michigan  enact: 

(377)  §  5827.     SECTION  1.     It  shall  be  unlawful  for  any 
pupil  of  the  public  schools  of  the  state  of  Michigan  in  any 
manner  to  organize,  join  or  belong  to  any  fraternity;  sorority 
or  any  other  secret,  society  composed  or  made  up  of  pupils 
of  the  public  schools. 

(378)  §  5828.     SEC.  2.     It  shall  be    the    duty    of    every 
teacher,  principal,  or  superintendent,  having  knowledge  or 
reason  to  believe  that  such  fraternity,  sorority,  or  any  other 
secret  society  is  being  organized  or  'maintained  in  any  of  the 
schools  of  the  state,  or  that  any  of  the  pupils  attending  said 
schools  are  organizing  or  belonging  to  such  fraternity,  soror- 
ity or  any  other  secret  society,  to  advise  immediately  the 
president  or  secretary  of  the  board  of  education    in    charge 
of  such  schools,  of  such  facts.     Upon  receipt  of  such  notice, 
or  of  any  other  information  that  this  act  is  being  violated, 
the  board  of  education  shall  proceed  to  investigate  the  facts 
concerning  the  same,  and  if  after  giving  all  pupils  suspected 
of  such  violation  a  reasonable  opportunity  for  a  hearing,  it 
shall  satisfactorily  appear  to  the  board  of  education  that  any 
pupil  has  become  connected  with  such  an  organization,  or 
has  promised  to  join  such  organization,  the  board  shall  take 
such  steps  as  it  shall  deem  necessary  to  abolish  such  organ- 
ization, and  it  may  inflict  such  punishment  on  the  pupils  so 
connected  therewith  as  the  board  shall  deem  expedient. 

Am.   1913,   Act  260. 

(379)  §  5829.     SEC.  3.     Any  officer,    teacher,    principal,' 
superintendent  or  other  person  mentioned  in  this  act  neglect- 
ing to  perform  any  duty  imposed  upon  him  by  this  act,  upon 
conviction  thereof  shall  be  fined  not  less  than  ten  dollars 
nor  more  than  twenty-five  dollars  for  each  offense. 


TEACHERS'  ASSOCIATIONS. 

An  Act  to  incorporate  teachers'   associations. 
[Act   117,    S.    L.   1855.] 

The  People  of  the  State  of  Michigan  enact: 
Fifteen  or  (380)     §  10174.     SECTION  1.    Any  fifteen  or  more  teachers, 

more  teachers  .  .. .          .        . ,  .      J . 

may  form        or  other  persons  residing  in  this  state,  who  shall  associate 
corporation.     £Qr  ^Q  purpose  of  promoting  education  and  science,  and  im- 


GENERAL    SCHOOL    LAWS.  179 


provements  in  the  theory  and  practice  of  teaching,  may  form 

themselves  into  a  corporation,  under  such  name  as  they  may 

choose,  providing  they  shall  have  published  in  some  news-  Notice  to  be 

paper  printed  at  Lansing,  or  in  the  county  in  which  such  Pubhshed- 

association  is  to  be  located,  for  at  least  one  month  previous, 

a  notice  of  the  time,  place  and  purpose  of  the  meeting  for 

such  association,  and  shall  file  in  the  office  of  the  secretary 

of  state  a  copy  of  the  constitution  and  by-laws  of  said  asso- 

ciation. 

(381)  §  10175.     SEC.  2.     Such  association  may  hold  and 
possess    real    and    personal    property  to  the  amount  of  five 
thousand  dollars,  but  the  funds  or  property  thereof  shall  not 
be  used  for  any  other  purpose  than  the  legitimate  business  of 
the  association  in  securing  the  objects  of  its  corporation. 

(382)  §  10176.    SEC.  3.    Upon  becoming  a  corporation,  as 
hereinbefore  provided,  they  shall  have  all  the  powers  and  corporation*. 
privileges,  and  be  subject  to  all  the  duties  of  a  corporation, 
according  to  the  provisions  of  chapter  fifty-five  of  the  revised 
statutes  of  this  state,  so  far  as  such  provisions  shall  be  ap- 
plicable in  such  case,  and  not  inconsistent  with  the  provi- 

sions of  this  act. 

Chap.  55  referred  to  is  sections  11328-42,  C.   L.  1915. 


An  Act  to  provide  for  a  retirement  fund  for  teachers  in  certain  cases. 
[Act  174,  P.   A.    1915.] 

The  People  of  the  State  of  Michigan  enact: 

|.'»S'>)     §  5707.     SECTION  1.     There  shall  be  a  teachers'  re-  Retirement 
tirement  fund  board,  hereinafter  called  the  retirement  fund  fund  board< 
board,  consisting  of  the  superintendent  of  public  instruction 
and  five  other  members  appointed  by  the  governor.    At  least 
one  of  such  members  shall  be  a  woman  teacher  in  the  public 
schools.     The  first  appointments  shall  be  made  within  ten 
days  after  this  act  takes  effect.    The  members  of  such  board  Terms  of 
first  appointed  shall  hold  office  respectively  for  terms  of  one,  Ol 
two,  three,  four  and  five  years  from  August  one,  nineteen 
hundred  fifteen,  to  be  designated  in  the  appointments.    Their 
successors  shall  be  appointed  for  terms  of  five  years.    A  va-  vacancies. 
cancy  in  the  office  of  any  member  shall  be  filled  for  the  un- 
expired  term  by  the  governor. 

(384)     §  5768.    SEC.  2.    There  shall  be  a  president,  a  vice-  officers  of 
president  and  a  secretary  of  said  board  to  be  elected  by  a  b< 
majority  vote  of  the  members  of  the  board.    The  president  Term3. 
and  vice-president  shall  be  elected  for  terms    of    one    year. 
The  term  of  office  of  the  secretary  shall  be  fixed  by  the  board, 
but  shall  not  exceed  three  years.    The  secretary  shall  not  be 
a  member  of  the  board.     His  salary  or  compensation  shall  secretary, 

.     ,,          ,  J  _  compensation. 

be  fixed  by  the  board,  but  shall  not  exceed  eighteen  hundred 


180 


STATE    OP    MICHIGAN. 


Expenses. 


Annual 
meeting. 


Absence    from 
meetings. 


Treasurer  of 
fund. 

Care  of 
moneys. 


Investment. 


Powers  of 
board. 


Proviso, 
increase  of 
contributions. 


Proviso,  pro 
rata  pay- 
ments. 


dollars  a  year.  The  members  of  the  board  shall  serve  with- 
out compensation,  but  they  shall  be  entitled  to  their  expenses 
actually  incurred  in  attending  the  meetings  of  the  board  and 
in  performing  services  as  members  thereof.  The  board  shall 
meet  annually  at  Lansing,  on  the  first  Friday  in  October, 
and  shall  hold  such  other  meetings  as  they  deem  necessary. 
If  a  member  of  the  board  be  absent  from  two  consecutive 
meetings  without  reasonable  excuse  for  such  absence,  accept- 
ed by  the  board,  his  office  shall  be  declared  vacant  by  the 
board,  and  such  vacancy  filled  as  hereinbefore  provided. 

(385)  §  5769.     SEC.  3.     The  state  treasurer  shall  be  ex- 
officio  treasurer  of  the  retirement  fund  and    shall    be    the 
custodian  thereof.     The  moneys  belonging  thereto  shall  be 
deposited  by  him  in  banks  or  trust  companies,  subject  to  the 
same  provisions  of  law  as  regulate    the    deposit    of    state 
funds.    The  retirement  fund  board  shall  determine  from  time 
to  time  the  investment  of  the  permanent  retirement  fund, 
but  each  investment  shall  be  subject  to  the  approval  of  the 
state  treasurer  and  such  fund  shall  only  be  invested  in  those 
securities  in  which  savings  bank  deposits  may  be  lawfully 
invested. 

(386)  §  5770.     SEC.  4.     The  retirement  fund  board,  sub- 
ject to  the  provisions  of  this  act,  shall  have  power: 

(1)  To  select  such  employes  as  may  be  necessary  to  carry 
into    effect    the    provisions    of    this    act,  and  fix  their  com- 
pensation and  prescribe  their  duties; 

(2)  To  investigate  all  matters  relating  to  the  operation 
of  this  act,  and  for  that  purpose  to  subpoena  witnesses  and 
compel  their  attendance  to  testify  before  it.     Any  member 
of  the  board  may  administer  oaths  or  affirmations  to  such 
witnesses ; 

(3)  To  require  all  boards,    officers    and    persons    having 
duties  to  perform  hereunder  in  respect  to  contributions  by 
teachers  to  the  retirement  fund,  to  report  from  time  to  time 
on   such  matters   relating  to  such  contribution  as   it  shall 
deem  advisable,  and  to  prescribe  the  form  of  such  reports; 

(4)  To  draw  its  warrants  upon  the  state  treasurer  for  the 
payment  of  annuities  to  teachers  who  have  been  retired  as 
provided  in  this  act,  and  for  the  purchase  of  such  securities 
as  the  board  shall  have  decided  to  purchase  as  herein  pro- 
vided.   No  payment  shall  be  made  from  the  teachers'  retire- 
ment fund,  except  upon  warrant  drawn  pursuant  to  resolu- 
tion duly  adopted  by  the  board  and  signed  and  attested  as 
the  board  may  prescribe; 

(5)  To  increase  the  contributions  from  the  teachers  ac- 
cording to  the  provision  made    in    section  .six    of  this  act: 
Provided,  That  such  increase  shall  not  be  made  until  the 
contributions  from  all  sources,  not  including  the  principal 
of  the  permanent  fund,  are  insufficient    to    carry    out    the 
provisions  of  this  act:     Provided,  That  after  collecting  the 
additional  contributions  as  above  provided,  should  there  still 


GENERAL  SCHOOL  LAWS.  181 

be  insufficient  funds  in  any  year  to  pay  all  annuities  in  full, 
then,  and  in  such  case,  each  teacher  entitled  to  an  annuity, 
shall  be  paid  pro  rata  in  same  proportion  as  the  amount  of 
money  on  hand  is  to  the  amount  due. 

(387)  §  5771.     SEC.  5.     The  retirement  fund  board  shall  Kuies. 
make  rules  not  inconsistent  with  the  provisions  of  this  act, 
which,  when  approved  by  the  superintendent  of  public  in- 
struction, shall  have  the  force  and  effect  of  law. 

Such  rules  shall : 

(1)  Provide  for  the  conduct  and  regulation  of  the  meet-  what  to 
ings  of  the  board  and  the  transaction  of  its  business;  provide. 

(2)  Prescribe  the  manner  of  payment  of  contributions  by 
teachers  to   the  retirement    fund,    and    the    payment    and 
methods  of  payment  of  annuities  therefrom; 

(3)  Establish  a  system  of  accounts,  showing    the    condi- 
tion of  said  fund,  the  receipts,  expenditures  and  investments ; 

(4)  Prescribe  the  forms  of  all  accounts,  warrants,  reports 
and  other  documents  to  be  used  by  all  persons  and  officers 
having  duties  to  perform  under  this  act; 

(5)  Kegulate  the  performance  of  duties  of  boards  of  edu- 
cation, trustees,  and  other  officers  and.  persons,  imposed  up- 
on them  by  this  act  in  respect  to  the  contributions  by  teach- 
ers to  the  retirement  fund,  and  the  deduction  of  such  con- 
tributions from  teachers'  salaries. 

(388)  §  5772.     SEC.  6.     (1)     All  teachers,  except  those,  contributions 
who,  being  under  contract  when  this  act  takes  effect,  do  not 

elect  to  come  under  its  provisions,  shall  contribute  to  the 
retirement  fund  according  to  the  following  provisions: 

(a)  A  teacher  who  shall  have  taught  five  years  or  less, 
in  this  state  or  elsewhere  in  public  schools,  shall  contribute 
one-half  per  centum  of  his  or  her  annual  contractual  salary, 
but  not  more  than  five  dollars  during  any  year:     Provided, 

That  the  retirement  fund  board  may  increase  the  contribu-  contributions, 
tions  to  one  per  centum  of  his  or  her  annual    contractual 
salary,  but  to  not  more  than  ten  dollars  in  any  year. 

(b)  A  teacher  who  shall  have  so  taught  more  than  five 
years,  but  less  than  fifteen  years,  shall  contribute  one  per 
centum  of  his  or  her  annual  contractual    salary,    but    not 
more  than  ten  dollars  during  any  year:    Provided,  That  the  Proviso, 
retirement  fund  board  may  increase  the  contribution  to  two  l 

per  centum  of  his  or  her  annual  contractual  salary,  but  to 
not  more  than  twenty  dollars  during  any  year. 

(c)  A  teacher  who  shall  have  so  taught  fifteen  years  or 
more,  shall  contribute  two  per  centum  of  his  or  her  annual 
contractual  salary,  but  not  more  than  twenty  dollars  during 

any  year:     Provided,  That  the  retirement  fund  board  may  Proviso, 
increase  the  contribution  to  three  per  centum  of  his  or  her  I( 
annual  contractual  salary,  but  to  not  more  than  thirty  dol- 
lars during  any  year. 


182 


STATE    OP   MICHIGAN. 


Who  deemed 
to  have 
agreed  to 
contribute. 


Contribution 
by  teachers 
employed. 


Deductions 
from  salaries. 


Failure  to 
comply. 

Penalty. 


Recovery  and 
disposition. 


Annuities 
upon 

retirement. 
Thirty  years' 
service. 


Twenty-five 
years'  service. 


(2)  After  this  act  takes  effect,  every  teacher  contracting 
to  teach  in  the  public  schools,  including  all  who  under  any 
previous  contract  of  employment  have  not  elected  to  come 
under  this  act,  shall,  by  so  contracting,  be  conclusively  deem- 
ed to  agree  to  pay  and  to  authorize  the  deduction  from  salary 
of  the  assessments  herein  provided. 

(3)  Any  person  who  when  this  act  takes  effect  is  employed 
as  a  teacher  in  the  public  schools,  may  within  the  unexpired 
term  of  such  employment  elect  to  come  under  the  provisions 
of  this  act  by  notifying  in  writing  the  retirement  fund  board, 
and  at  the  same  time  filing  with  the  local  school  board  or 
other  body  vested  with  control  of  such  schools,  a  duplicate 
of  such  notice  and  an  authorization  to  deduct  from  each 
subsequent  installment  of  salary  the  proper  assessment,  as 
herein  prescribed. 

(389)  §  5773.    SEC.  7.    Boards  of  education,  trustees,  and 
other  school  authorities,  having  duties  to  perform  in  respect 
to  the  payment  of  salaries  to  school  teachers  who  are  under 
this  act,  shall  cause  to  be  deducted  from  each  installment  of 
salary  of  such  teachers  the  pro  rata  amount  due  from  such 
teachers  to  the  teachers'  retirement  fund,  and  forward  the 
same  to  the  treasurer  thereof,    as    prescribed  by  the  retire- 
ment fund  board.   Every  officer  and  person  failing  to  perform 
any  duty  prescribed  by  this  act,  shall  be  liable  to  a  penalty 
of  fifty  dollars  for  each  offense,  to  be  recovered  in  an  action 
of  debt  in  the  name  of  the  people  of  the  state  of  Michigan. 
And  in  case  of  any  such  liability,  the  attorney  general,  up- 
on requisition  of  the  retirement  fund  board,  shall  prosecute 
and  recover  the  penalty  herein  provided,  and  when  recovered 
pay  the  same  to  the  treasurer  of  the  school  district  who  shall 
place  the  same  to  the  credit  of  the  library  fund  of  the  said 
district. 

(390)  §  5774.     SEC.  8.     A  teacher  who  has  taught  for  a 
period  or  periods  aggregating  thirty  years,  of  which  period 
at  least  fifteen  years,  including  the  last  five  years  of  service 
preceding   the   application   for   retirement,   shall   have   been 
spent  in  the  public  schools  in  this  state,   shall,  upon  and 
during  retirement  from  actual  service  as  a  teacher  on  or  after 
December  one,  nineteen  hundred  fifteen,  be  entitled  to  an 
annuity  of  a  sum  equal  to  one-half  of  the  average  annual 
contractual  salary  paid  to  said  teacher  during  the  last  five 
years  of  service,  out  no  such  annuity  shall  exceed  five  hun- 
dred dollars  nor  be  less  than  three    hundred    dollars.     A 
teacher  who  has  taught  for  a  period  or  periods  aggregating 
twenty-five  years,  of  which  period  at  least  fifteen  years,  in- 
cluding the  last  five  years  of  service  preceding  the  applica- 
tion for  retirement,  shall  have  been  spent    in    the    public 
schools  of  this  state,  shall,  upon  and  during  retirement  from 
actual  service  as  a  teacher,  on  or  after  December .  one,  nine- 
teen hundred  fifteen,  be  entitled  to  an  annuity  which  bears 
the  same  ratio  to  the  annuity  provided  for  on  retirement 


GENERAL  SCHOOL  LAWS.  183 

after  thirty  years  of  service  as  the  total  number  of  years  of 
service  of  said  person  bears  to  thirty  years.     A  teacher  who,  Fifteen  years' 
having  taught  in  the  public  schools  of  this  state  for  a  period  8f 
or  periods  aggregating  fifteen  years  or  more  and  being  in 
the  judgment  of  the  employing  board  either  physically  or 
mentally  incapable  of  teaching,  is  deemed  deserving  of  an 
annuity  by  the  retirement  fund  board,  may  be  retired,  and 
shall,  upon  retirement,  be  entitled  to  an  annuity  of  as  many 
thirtieths  of  the  full  annuity  herein  provided  after  thirty 
years'  service  as  said  teacher  has  taught  years  in  the  public 
schools  of  this  state.    The  time  spent  in  teaching  in  any  pub- 
lic institution  of  this  state  shall,  for  the  purposes  of  this 
section,  count  as  part  of  the  aggregate    time    of    teaching: 
Provided,  That  the  last  five  years  of  service  shall  have  been 
that  of  a  teacher  as  defined  by  this  act.    Ketirement  may  be  years. 
had  on  request  of  the  teacher  or  upon  the  request  of  a  board 
of  education  or  other  governing  body  of  a  school  district. 
Kequest  for  retirement  shall  be  made  in  writing  addressed  Request. 
to  the  retirement  fund  board,  accompanied  by  evidence  show- 
ing that  the  teacher  named  is  entitled  to  retirement,  and  has 
complied  with  the  provisions  of  this  act,  and  the  rutes  of  the 
board  relating  to  the  payment  of  annuities. .  The  board  shall  Jonejmina~ 
pass  upon  all  requests  for  retirement  and  shall  determine  board.y 
whether  such  requests  should    be    granted.     In    computing  what  deemed 
terms  of  service  under  this  act,  a  year  shall  be  a  legal  school  yea 
year  at  the  time  and  place  where  said  service  was  rendered, 
except  that  the  time  of  service  outside  the  state  shall  be 
reckoned  by  the  number  of  years  that  the  number  of  weeks 
taught  would  make  of  legal  school  years  in  this  state. 

.(391)     §  5775.    SEC.  9.    1.    No  teacher  shall  be  entitled  to  wh^not^ 
an  annuity  who  has  not  contributed  to  the  retirement  fund  annuity, 
an  amount  equal  to  at  least  one  hundred  per  centum  of  his 
or  her  annuity  for  one  year.     But  a  teacher    otherwise    en-  HOW  may 
titled  to  retirement  and  to  an  annuity  under  this  act,  may  annuitant. 
become  an  annuitant  and  entitled  to  an  annuity  by  making 
a  cash  payment  to  the  retirement  fund  of  an  amount  which 
when  added  to  his  or  her  previous  contributions  to  said  fund, 
will  equal  one  hundred  per  centum  of  his  or  her  annuity  for 
one  year,  or  if  unable  to  pay  in  advance  the  sum  required  to 
make  up   the  said  one  hundred  per  centum   of  the  yearly 
annuity,  by  authorizing  the  withholding  of  such  annuity  un- 
til the  amount  withheld  shall  equal  the  sum  required  to  make 
up  said  one  hundred  per  centum.     The  amount  so  withheld 
shall  be  credited  to  said  retirement  fund. 

2.    Annuities  shall  be  paid  quarterly  to  the  teachers  en-  Annuities 
titled  thereto,  upon  the  warrants  or  orders  of  the  retirement  quarterly. 
fund  board.     Vouchers  or  receipts  therefor  shall  be  signed 
in  duplicate  by  annuitants.    Said  duplicate  receipts  shall  be 
returned  to  the  secretary  of  the  board,  and  one  of  them  shall 
be  retained  in  his  office  and  the  other  shall  be  filed  in  the 
office  of  tho  stnto  treasurer. 


184 


STATE    OF   MICHIGAN. 


Date  of 
annuity. 


Cessation  of 
teaching. 


Return  to 
teaching. 


Resumption 
of  teaching. 


Definition 
of  "teacher.' 


Others 
included. 


"Retirement 

fund" 

defined. 


Of  what  fund 
to  consist. 


3.  Each  annuity  shall  date  from  the  time  when  the  retire- 
ment fund  board  shall  grant  the  application  for  the  retire- 
ment of  the  annuitant. 

(392)  §  5776.     SEC  10.     Any  teacher  who  shall  cease  to 
teach  in  the  public  schools  of  this  state  before  receiving  any 
annuity  from   the  retirement  fund   shall,   if  application  be 
made  in  writing  to  the  retirement  fund  board  within  four 
months"  after  the  date  of  such  cessation,  be  entitled  to  the 
return  of  one-half  of  the  amount,  without    interest,    which 
shall  have  been  paid  into  the  fund  by  such  teacher.     If  such 
teacher  should  again  thereafter  teach  in  said  public  schools, 
he  or  she  shall,  within  one  year  from  the  date  of  his  or  her 
return  to  the  service  in  said  public  schools,  return  to  the  re- 
tirement fund  the  amount  so  returned  to  such  teacher,  to- 
gether with  simple  interest  on  said  amount  at  the  rate  of 
five  per  centum  per  annum,  for  the  time  such  amount  was 
withdrawn  from  the  fund. 

(393)  §  5777.      SEC.   11.     If  any  person   retiring  under 
this  act  shall  resume  teaching  in  this  state  or  elsewhere,  the 
annuity  paid  to  such  person  shall  cease  during  the  time  of 
teaching,  but  shall  again  be  paid  after  a  subsequent  retire- 
ment. 

(394)  §'5778.     SEC.  12.     The  term  "teacher"  as  used  in 
this  act  shall  include  all  persons  employed  in  teaching  by 
any  city  board  of  education  or  school  board  of    any    city, 
town,  village  or  rural  school  district  in  this  state,  and  all 
superintendents  and  assistant  superintendents  of  said  schools, 
all  supervisors  of  instruction,  all  principals  and   assistant 
principals,  and  special  teachers  of  said  schools.     It  shall  in- 
clude county  school  commissioners,  county  normal  teachers, 
the  superintendent  of  public  instruction  and  his  deputies. 
It  shall  include  all  persons  employed  in  teaching  or  educa- 
tional work  in  the  following  public  institutions :     Industrial 
home  for  girls,  industrial  home  for  boys,  Michigan  employ- 
ment institution  for  the  blind,  school  for  the  blind,  school 
for  the  deaf  and  state  public  school  and  state  normal  col- 
leges and  normal  schools.     The  words  "retirement  fund"  as 
used  in  this  act  shall  mean  the  Michigan  state  teachers'  re- 
tirement fund  for  public  school  teachers  as  established  by 
this  act. 

(395)  §  5779.     SEC.  13.     There  is  hereby  established  the 
Michigan   state  teachers'  retirement  fund  for  public  school 
teachers,  which  shall  consist  of 

(1)  All  contributions  made  by  teachers    as    herein    pro- 
vided ; 

(2)  All  donations,  gifts,  legacies  and  bequests  which  shall 
be  made  to  establish  a  permanent  fund,  of  which  the  income 
but  not  the  principal  shall  be  used  for  the  purposes  hereof; 

(3)  The  income  derived  from  the  investment  of  said  per- 
manent fund. 


GENERAL    SCHOOL,    LAWS.  185 

(396)  §  5780.  SEC.  14.  This  act  shall  not  apply  to  any  Act  not  to 
school  district  wherein  public  school  teachers  are  required  or  appy 
authorized  to  contribute  to  a  teachers'  retirement  fund,  or  in 
which  such  teachers  are  entitled  to  annuities  or  pensions, 
in  accordance  with  any  special  or  local  act :  Provided,  how-  Proviso, 
ever,  That  any  school  district,  now  having  a  local  teachers' 
retirement  fund  may,  upon  request  of  two-thirds  of  the 
teachers  contributing  to  said  fund,  by  a  majority  vote  of  the 
qualified  electors  of  said  school  district,  discontinue  said 
fund,  and  then  the  provisions  of  this  act  shall  apply  to  such 
district  in  like  manner  as  to  other  districts  of  the  state. 
Thereupon  all  funds  held  for  the  purpose  of  such  local  re- 
tirement or  annuity  fund,  after  payment  of  any  outstand- 
ing obligations  other  than  annuities,  shall  be  paid  into  the 
state  treasury  and  credited  to  the  permanent  retirement  fund 
herein  provided  for.  All  persons  who  previously  to  such  de- 
termination by  the  state  retirement  fund  board  have  be- 
come entitled  to  annuity  from  such  local  fund,  shall  become 
annuitants  under  this  act  and  shall  receive  the  same  maxi- 
mum amount  thereafter  that  they  would  have  received  from 
such  local  fund,  and  the  teachers  of  such  district  shall  con- 
tribute thereafter  to  the  state  retirement  fund,  as  is  provided 
in  section  six  of  this  act,  ami  shall  be  entitled  to  the  same 
rights  and  privileges  hereunder  and  be  subject  to  the  same 
duties  and  obligations  as  are  the  teachers  of  other  districts. 


STATE  ACCOUNTS. 

An  Act  to  provide  for  the  safe  keeping  of  public  moneys. 
[Act  131,   P.  A.   1875.] 

Tlw  Pfoj)l<'  of  the  fttatc  of  Michigan  enact: 


§  208.     SECTION  1.     That  all  moneys  which  shall  "Public 
come  into  the  hands  of  any  officer  of  the  state,  or  of  any  SSSSf.'' 
officer   of  any   county,   or  of  any  township,   school   district, 
highway  district,  city  or  village,  or  of  any  other  municipal 
or  public  corporation  within  this  state,  pursuant  to  any  pro- 
vision of  law  authorizing  such  officer  to  receive    the    same, 
shall  be  denominated  public  moneys  within  the  meaning  of 
this  act. 

See  Fire  ami  Water  Commrs.  v.  Wilkinson.  119  /  659. 

As   to   county   treasurers,   see   Perley    v.   Muskegon   Co.,    32  /  132.      S'ee   also 
sort  ion  2366,  C.  L.  191  fi,  and  notes. 

IMS)      §  L'JM.     SHC.  l\     It   shall  be  the  duty  of  every  offi-  public  moneys 
<-er  charged  with  the  receiving,  keeping,  or  disbursing  of  pub- 
lie  moneys  to  keep  the  same  separate  and  apart  from  his  own    l 
money,  and  lie  shall  not  commingle  the  same  with  his  own 


186 


STATE    OP   MICHIGAN. 


money,  nor  with  the  money  of  any  other  person,  firm  or  cor- 
poration. 

HOW  used.  (399)      §  300.     SEC.  3.     No  such  officer  shall,  under  any 

pretext,  use,  nor  allow  to  be  used,  any  such  moneys  for  any 
purpose  other  than  in  accordance  with  the  provisions  of  law ; 
nor  shall  he  use  the  same  for  his  own  private  use,  nor  loan 
the  same  to  any  person,  firm,  or  corporation  Avithout  legal 
authority  so  to  do. 

(400)  §  301.     SEC.  4.     In  all  cases  where  public  moneys 
are  authorized  to  be  deposited  in  any  bank,  or  to  be  loaned 
to  any  individual,  firm,  or  corporation,  for  interest,  the  inter- 
est accruing  upon  such  public  moneys  shall  belong  to  and 
constitute  a  general  fund  of  the  state,  county,  or  other  public 
or  municipal  corporation,  as  the  case  may  be. 

(401)  §  302.     SEC.  5.     In  no  case  shall  any  such  officer, 
directly  or  indirectly,  receive  any  pecuniary  or  valuable  con- 
sideration as  an  inducement  for  the  deposit  of  any  public 
moneys  with  any  particular,  bank,  person,  firm,  or  corpora- 
tion. 

(402)  §  303.     SEC.   6.     The  provisions  of  this  act  shall 
apply  to  all  deputies  of  such  officer  or  officers,  and  to  all 
clerks,  agents,  and  servants  of  such  officer  or  officers. 

(403)  §  304.     SEC.  7.     Any  person  guilty  of  a  violation 
of  any  of  the  provisions  of  this  act  shall,  on  conviction  there- 
of, be  punished  by  a  fine  not  exceeding  one  thousand  dollars, 
or  imprisonment  in  the  county  jail  not  exceeding  six  months, 
or  both  such  fine  and  imprisonment  in  the  discretion  of  the 
court:    Provided,  That  nothing  in  this  act  contained  shall 
prevent  a  prosecution  under  the  general  statute  for  embezzle- 
ment in  cases  where  the  facts  warrant  a  prosecution  under 
such  general  statute. 

(404)  §  305.     SEC.  8.     Any  officer  who  shall  wilfully  or 
corruptly  draw  or  issue  any  warrant,  order,  or  certificate  for 
the  payment  of  money  in  excess  of  the  amount  authorized  by 
law,  or  for  a  purpose  not  authorized  by  law,  shall  be  deemed 
guilty  of  a  misdemeanor,  and  may  be  punished  as  provided  in 
the  preceding  section. 


Interest  on 
public  moneys 
to  constitute 
a  general 
fund. 


Officers  not  to 
receive  con- 
sideration for 
deposits  of 
money. 


Provisions 
of  act  to 
apply  to 
deputies,  etc. 

Penalty  for 
violating 
provisions 
of  act. 


Proviso. 


Penalty  for 
illegal  pay- 
ment of 
money. 


REGULATIONS  RELATIVE  TO  DOGS  AND  SHEEP. 

(From   this   act  is   quoted   only   the    sections   relating  to   the   apportionment 
of  the  surplus  dog  tax  to  school  districts.) 


Certificate  of 
damage, 
order  for 
payment . 


[Act  347,   P.   A.   1917.] 


(405)  SEC.  8.  Upon  receipt  of  such  certificate  of 
damage  the  said  clerk  shall  issue  an  order  for  the  amount 
specified  in  such  certificate,  payable  to  the  person  entitled 
to  the  same,  which  order  shall  be  paid  by  the  township  or 
village  treasurer  upon  presentation  to  him  out  of  the  spe- 


GENERAL    SCHOOL    LAWS.  187 

cial  fund  provided  for  in  section  two  of  this  act,  provided 
there  is  sufficient  money  in  such  special  fund.  All  such 
orders  shall  be  good  until  fully  paid  and  payment  thereof 
shall  be  made  according  to  the  time  of  filing  of  such  claim  with 
the  said  clerk.  All  such  claims  shall  be  subject  to  the  au- 
diting rules  of  the  several  townships  or  villages.  After  all  surplus,  after 

,    .          ,  i  .  -.  ,  ,        ,  claims  paid. 

claims  have  been  paid,  and  at  the  end  of  each  calendar  year, 
any  surplus  remaining  in  such  special  fund  exceeding  two 
hundred  dollars  shall  revert  to  the  general  school  fund  of 
the  township  or  village  where  such  surplus  was  accumulated. 
(406)  SEC.  12.  This  act  shall  not  apply  to  cities  which 
by  their  charters  or  ordinances  provide  for  the  disposition 
of  fees  derived  from  the  tax  upon  dogs. 

EXPLANATORY  NOTE  BY  SUPERINTENDENT  OP  PUBLIC  INSTRUC- 
TION :  The  apportionment  must  be  based  upon  the  whole  number  of  chil- 
dren of  school  age  residing  in  the  township,  and  include  all  districts  whether 
lying  wholly  or  partly  in  such  township.  In  case  of  a  fractional  district  in 
which  the  schoolhouse  is  situated  in  a  different  township,  the  money  be- 
longing to  such  district  must  be  paid  over  to  the  treasurer  of  the  township 
in  which  the  schoolhouse  is  situated,  and  by  that  treasurer  paid  to  the  dis- 
trict in  the  same  way  as  in  the  case  of  the  one-mill  and  other  taxes. 


STATE  BOARD  OF  EDUCATION. 

An  Act  to  revise  and  consolidate  the  laws  relative  to  the  state  board 

of  education. 

[Act  194,  P.  A.    1889.] 

The  People  of  the  State  of  Michigan  enact: 

(407)     §  1190.     SECTION  1.     That  for  the  purpose  of  ren- 
dering  more  efficient  their  organization,  and  to  enable  them 
more  fully  to  carry  into  effect  the  provisions  of  the  constitu- 
tion relative  thereto,  the  state  board  of  education  shall  be 
and  they  are  constituted  a  body  politic  and  corporate,  and 
are  hereby  empowered  to  purchase,  have,  hold,  possess  and  TO  hoi 
enjoy  to  themselves  arid  their  successors,  all  the  lands,  tene-  maT school 
ments,   hereditaments,   goods,   chattels   and   effects  of   every etc- 
kind  now  belonging  to  the  state  normal  school  or  that  may 
hereafter  be  acquired  by  the  same;  and  the  same  to  grant, 
alien,  invest,  sell  and  dispose  of;  to  sue  and   [to]  be  sued, 
plead  and  be  impleaded,  in  all  the  courts  in  this  state;  to 
have  and  to  use  a  seal,  and  the  same  to  change,  alter  and  re- 
new at  pleasure,  and  to  make  such  by-laws  and  regulations  . 
as  they  may  deem  proper  for  the  government  and  conduct  of 
said   [board]   and  for  the  transaction  of  its  business:    Pro- Proviso, 
vided,  The  same  be  not  repugnant  to  the  constitution  or  laws 
of  this  state  or  of  the  United  States :   Provided  further,  That 
said  corporation  shall  be  subject  to  the  provisions  of  chapter 
fifty-five   of   the   revised   statutes   of   eighteen   hundred   and 


188 


STATE]    OP   MICHIGAN. 


forty-six,  so  far  as  the  same  can  apply,  and  are  not  inconsist- 
ent with  the  provisions  of  this  act. 

Chapter  55  of  the  revised  statutes  of  1846  contains  the  "general  provisions 
relating  to  corporations"  and  will  be  found  in  chapter  230.  sections  1132S-42, 
compiled  laws  of  1915.  See  acts  138  and  178  of  1849,  establishing  a  state 
normal  school. 


Power  of 
board. 


Quorum. 


Of  the 
normal 
school. 


Proviso. 


Members  not 
to  act  as 
agent  for 
publishers, 
etc-. 


Course  of 
study,  train- 
ing school, 
etc. 


Certificate  to 
teach,  when 
granted,  term 
of,  etc. 


Proviso. 


(408)  §  1191.     SEC.  2.     Said  board  shall  have  power  to 
transact  all  necessary  business  at  any  meeting,  a  quorum  be- 
ing present.     Said  board  shall  make  and  provide  such  by- 
laws  and  regulations  for  the  conduct  of  its  business  as  it 
shall  deem  proper.     A  quorum  of  said  board  shall  consist 
of  a  majority  of  its  members.  All  processes  against  said  board 
of  education   shall  be  served  on  the  president  or  secretary 
thereof. 

(409)  §  1192.     SEC.  3.     The    state    board    of    education 
shall  continue  the  normal  school  at  Ypsilanti  in  the  county  of 
Washtenaw,  where  it  is  now  located.     The  purpose  of  the 
normal  school  shall  be  the  instruction  of  persons  in  the  art  of 
teaching,  and  in  all  the  various  branches  pertaining  to  the 
public   schools   of  the   state   of   Michigan:    Provided,   There 
shall  be  prescribed  for  said  school  a  course  of  study  intended 
specially  to  prepare  students  for  the  rural  and  the  elementary 
[graded]   schools  of  the  state,  which  shall  provide  not  less 
than  twenty  weeks  of  special  professional  instruction. 

(410)  §  1193.     SEC.  4.     No  member  of  said  board  of  edu- 
cation shall,  during  his  continuance  in  office,  act  as  the  agent 
of  any    publisher  or  publishers  of  school    books    or    school 
library  books,  or  be  or  become  interested  in  the  publication 
or  sale  of  any  such  book  or  books  as  agent  or  otherwise. 

(411)  §  1194.    SEC.  5.    Said  board  shall  provide  all  neces- 
sary courses  of  study  to  be  pursued  in  the  normal  school  and 
establish  and  maintain  in  connection  therewith  a  fully  equip- 
ped training  school  as  a  school  of  observation  and  practice, 
and  shall  grant,  upon  the  completion  of  either  of  said  courses, 
such  diploma  as  it  may  deem  best,  and  such  diploma  when 
granted  shall  carry  with  it  such  honors  as  the  extent  of  the 
course  for  \vhich  the  diploma  is  given  may  warrant  and  said 
board  of  education  may  direct. 

(412)  §  1195.    SEC.  6.    Upon  the  completion  of  the  course 
specially  prescribed  as  hereinbefore  provided  for  the  rural 
and  elementary  graded  schools,  said  board  of  education  shall, 
upon  the  recommendation  of  the  principal  and  a  majority  of 
the  heads  of  the  departments  of  said  school,  grant  a  certifi- 
cate which  shall  be  signed  by  said  board  and  the  principal  of 
the  normal  school,  which  certificate  shall  contain  a  list  of  the 
studies  included  in  said  course,  and  which  shall  entitle  1hc 
holder  to  teach  in  any  of  the  schools  of  the  state  for  which 
said  course  has  been  provided  for  a  period  of  five  years:  Pro- 
vided, That  said  certificate  may  be  suspended  or  revoked  by 
said  state    board    of    education   upon  cause  shown  by  any 
county  board  of  examination,  or  by  any  board  of  school  of- 
ficers. 


GENERAL    SCHOOL   LAWS.  189 


(413)  §  HOG.     SEC.  7.     Upon  the  completion  of  either  of 

the  advanced  courses  of  study  prescribed  by  said  state  board,  granted,  etc. 

which  shall  require  not  less  than  four  years  for  their  comple- 

tion, said  board  of  education,  upon  the  recommendation  of 

the  principal  and  a   majority  of  the  heads    of    departments 

of  said  school,  shall  issue  a  certificate  to  the  person  complet- 

ing said  course,  which  certificate  shall  be  referred  to  in  the 

diploma  hereinbefore  provided  to  be  granted.    Said  certificate 

shall  set  forth  a  list  of  the  studies  of  the  course  completed 

and,  when  given,  shall  operate  as  a  life  certificate,  unless  re- 

voked by  said  state  board  of  education. 

(414)  §  1197.     SEC.   8.     The  board    of    education    shall 
make  such  regulations  for  the  admission  of  pupils  to  said 
school  as  it  shall  deem  necessary  and  proper:   Provided,  That  Provis° 
the  applicant  shall,  before  admission,  sign  a  declaration  of 
intention  to  teach  in  the  schools  in  this  state. 

(415)  §  111)8.     SEC.  !).     Said  board  of  education  shall  ap-  J^w™^ 
point  each  year  three  visitors  whose  duty  it  shall  be  to  ex-  port°of  ,'  etc. 
amine  thoroughly  into  the  affairs  of  the  normal  school  and 

report  their  views  with  regard  to  its  condition  and  any  other 
matters  they  may  judge  expedient,  to  the  said  board  of  edu- 
cation, which  report  shall  be  incorporated  in  the  report  of  the 
superintendent  of  public  instruction  and  in  the  report  of  said 
board  of  education  to  be  made  to  the  legislature  as  herein- 
after provided.  Said  visitors  shall  receive  two  dollars  per 
day  for  time  actually  spent  in  visitation  and  also  their  actual 
traveling  expenses,  to  be  paid  out  of  the  funds  of  said  board  : 
Provided,  That  not  more  than  two  visits  shall  be  made  by  Proviso. 
any  board  of  visitors. 

(410)      §  1199.     SEC.   10.     Said  board  of  education  shall  Report  of 

.  .  ,       ,       .   ,    ,  ,  ,,  „  board,  con- 

inake  to  the  legislature,  at  every  regular  session  thereof,  a  re-  tents  of,  etc. 
port  setting  forth  : 

First,    The  work  done  by  the  school  since  the  last  report; 

Second,   The  [need]  needs  and  requirements  of  the  school; 

Third,  A  report  of  the  principal  of  the  school,  concerning 
such  matters  pertaining  to  the  school  as  have  been  under  his 
immediate  direction  and  control,  and  such  recommendations 
as  he  may  deem  desirable  to  make  to  the  board;  and 

Fourth,  A  financial  statement,  showing  in  detail  the 
moneys  received  and  expended,  with  an  itemized  statement 
of  receipts  and  expenditures,  as  near  as  may  be. 

(417)     §  1200.     SEC.  11.    The  board  shall  elect  a  treasurer,  ?r^a|YgJtred 
who  shall  furnish  bonds  with  two  sureties,  or  a  surety  bond  bond?  amount 
from  any  surety  company  authorized  by  the  laws  of  this  state  of' 
to  execute  same,  in  the  penal  sum  of  not  less    than    forty 
thousand  dollars,   conditioned  for  the  faithful   discharge  of 
his  duties.     Whenever  the  treasurer  shall  furnish  a  surety  Cost  of  bond. 
bond  which  shall  be  approved  by  the  board,  the  cost  thereof 
not  exceeding  one-half  per  centum  per  annum  shall  be  paid 
out  of  the  treasury  of  the  state  of  Michigan  upon  the  warrant 
of  the  proper  officer  after  being  first  allowed  by  the  board  of 


190 


STATE    OP    MICHIGAN. 


Compensa- 
tion. 


state  auditors.     Such  treasurer  shall  receive  such  compensa- 
tion as  to  the  board  may  seem  just. 

Am.   1909,  Act  224. 


Minimum 
price,  ap- 
praisal, etc. 


Lands  appro-  (418)  §  1201.  SEC.  12.  The  ten  sections  of  salt  spring 
sitkmo'f,  etc°  lands  located  by  the  board  of  education  under  the  provisions 
of  sections  fifteen  and  sixteen  of  "An  act  to  establish  a  state 
normal  school,"  approved  March  twenty-eighth,  eighteen  hun- 
dred and  forty-nine,  together  with  the  fifteen  sections  of  said 
salt  spring  lands  located  under  the  provisions  of  section  six- 
teen of  said  act,  and  all  such  lands  as  may  be  granted  by  con- 
gress or  received  or  set  apart  in  any  manner  in  lieu  of  any 
portion  of  said  land,  to  which  the  title  may  prove  insufficient, 
and  all  donations,  in  land  or  otherwise,  to  the  state  in  trust 
or  to  the  board  of  education  for  the  support  of  a  normal 
school,  shall  constitute  a  fund  to  be  called  the  normal  school 
endowment  fund,  and  shall  be  reserved  from  sale  until  the 
same  shall  be  appraised.  The  minimum  price  of  said  lands 
shall  be  four  dollars  per  acre,  and  it  shall  be  the  duty  of  the 
officer  authorized  to  sell  said  lands,  to  cause  the  same  to  be 
appraised  as  soon  as  practicable,  in  the  manner  provided  for 
the  appraisal  of  other  lands;  none  of  said  lands  shall  be  sold 
for  less  than  the  minimum  price  fixed  by  law.  It  shall  not  be 
necessary  to  appraise  any  of  said  lands  which  have  hereto- 
fore been  appraised  under  existing  provisions  of  law;  and 
the  proceeds  of  sales  of  any  of  said  lands  heretofore  ap- 
praised and  sold  shall  constitute  a  part  of  the  fund  herein 
provided.  After  such  appraisal,  such  land  shall  be  and  re- 
main subject  to  sale  at  the  state  land  office  as  is  now,  or 
shall  be  hereafter,  provided  by  law,  and  the  principal  shall  be 
and  remain  a  perpetual  fund  for  the  use  of  said  institution, 
except  as  herein  provided.  The  installments  of  principal  paid 
by  the  purchasers  shall  be  paid  into  the  state  treasury,  and 
the  interest  thereon  from  the  time  of  its  receipt,  or  from  the 
time  of  the  preceding  computation  of  interest  as  the  same 
may  be,  shall  be  computed  by  the  auditor  general  and  the 
state  treasurer  at  the  close  of  each  fiscal  year,  at  the  rate  of 
six  per  cent  per  annum,  and  together  with  all  interest  paid 
by  purchasers  of  said  lands,  shall  be  passed  to  the  credit  of 
the  normal  school  interest  fund. 

(419)  §  1202.  SEC.  13.  The  normal  school  interest  fund, 
and  any  moneys  which  may  be  from  time  to  time  appropri- 
ated for  the  purposes  of  the  said  normal  school,  shall  be 
under  the  direction  and  control  of  said  state  board  of  educa^ 
tion,  subject  to  the  provisions  herein  contained,  and  shall  be 
paid  to  the  treasurer  of  said  board  from  time  to  time  by  the 
state  treasurer  on  the  warrant  of  the  auditor  general  drawn 
upon  the  certificate  of  the  president  and  secretary  of  said 
board  of  education  that  said  money  is  needed.  No  such  war- 
rant shall  be  given  except  on  accounts  audited  and  allowed 
by  said  board,  covering  as  [nearly]  near  as  may  be  the 


Board  to 
have  control 
of  funds,  etc. 


GENERAL    SCHOOL    LAWS.  191 

amounts  previously  furnished :    Provided,  That  said  board,  Proviso, 
for  the   months   of   January,   February   and   March,   in   the 
years  in  which  the  regular  sessions  of  the  legislature  are  held, 
shall  draw  money  for  current  expenses  as  provided  in  section 
four  hundred   and  nineteen  of  Howell's  annotated  statutes. 

(420)  §  1203.     SEC.  14.     The  members  of  the  state  board  compensation 
of  education   shall   receive  three  dollars  per  day  for  their 

actual  services,  and  also  their  necessary  traveling  and  other 
expenses,  to  be  paid  by  the  state  treasurer  out  of  the  general 
funds  in  the  manner  alrendy  provided  bv  l^w  for  the  payment 
of  the  accounts  of  boards  of  state  institutions. 

(421)  §  1204.    SEC.  15.    Said  board  shall  hold  at  least  one  Meeting  of 
meeting  each  year,  at  which  they  shall  examine  teachers,  and 

shall  grant  certificates  to  such  as  have  taught  in  the  schools 
of  the  state  at  least  two  years  and  who  shall,  upon  a  thorough 
and  critical  examination  in  every  study  required  for  such 
certificate,  be  found  to  possess  eminent  scholarship,  ability 
and  good  moral  character.  Such  certificate  shall  be  signed  certificate. 
by  the  members  of  said  board,  and  be  impressed  with  its  seal, 
and  shall  entitle  the  holder  to  teach  in  any  of  the  public 
schools  of  this  state  without  further  examination,  and  shall 
be  valid  for  life  unless  revoked  by  said  board.  No  certificate 
shall  be  granted  except  upon  the  examination  herein  pre- 
scribed :  Provided,  That  the  said  state  board  of  education  Proviso, 

..         i .  i.  .     -.  .     .        .         ,          ,  ..„  indorsement 

may,    in    its   discretion,   indorse    state   teachers'   certificates  of  certain 
granted  upon  examinations,  normal  school  diplomas  or  certifi-  certlficates 
cates,  or  other  state  certificates  granted  in  other  states,  if  it  be 
shown  to  the  satisfaction  of  said  board  that  such  certificates 
are  for  life  and  that  the  examinations  required  or  courses  of 
study  pursued  are  fully  equal  to  the  requirements  of  this 
state. 

Am.    1907,  Act  125;  1915,   Act   13. 

(422)  §  1205.     SEC.  16.    The  said  board  shall  examine  all  c^inext- 
text-books  in  physiology  and  hygiene  offered  for  use  in  the  duty  of 
public  schools  of  this  state,  and  approve  those  only  which 
comply  with  the  law  relative  to  the  space  required  to  be  de- 
voted to  the  consideration  of  the  nature  and  effects'  of  al- 
coholic drinks  and  narcotics,  as  provided  in  act  one  hundred 

and  sixty-four  of  the  public  acts  of  eighteen  hundred  and 
eighty-seven.  It  shall  also  be  the  duty  of  said  board  to  dis- 
tribute to  the  various  educational  institutions  of  the  state 
such  specimens  of  copper,  iron  and  other  ores  and*  rocks  pre- 
scribed for  such  distribution  under  the  provisions  of  section 
three  of  act  nine  of  the  public  acts  of  eighteen  hundred  and 
seventy-seven,  being  compiler's  section  eight  hundred  and 
forty-one  of  Howell's  annotated  statutes. 

The  act  of  1887  referred  to  is  act  165,  instead  of  164.  It  amends  section 
15,  Ch.  3  of  the  general  laws  of  1881  relative  to  public  instruction  and  will 
be  found  in  section  60  of  this  compilation. 


192 


STATE    OP   MICHIGAN. 


Disposition 
of  insurance 
moneys,  etc. 


Certificate 
filed  with 
county  com- 
missioner. 


(423)  §  1206.     SEC.  17.     All  insurance  moneys  or  means 
collected,  received  or  made  available  at  any  time,  from  poli- 
cies of  insurance,  or  by  reason  of  insurance  policies  upon  the 
said  normal  school  buildings  and  property  shall  be  and  the 
same  are  hereby  designated  and  set  apart  as  a  fund  or  means 
for  rebuilding  and  refurnishing  the  said  buildings. 

(424)  §  1208.      SEC.    18.     Any   person    holding  a  certifi- 
cate issued  or  approved  by  the  authority  of  the  state  board 
of  education,  desiring  to  teach  in  any  school  under  the  juris- 
diction of  a   county  commissioner  of  schools  shall   file  the 
said  certificate,  or  a  copy  of  the  same,  in  the  office  of  the  com- 
missioner of  schools  in  the  county  in  which  he  or  she  desires 
to  teach. 

Added   1901,  Act  155. 


NORMAL  SCHOOLS. 

An    Act   to   establish   a  normal   school   in    central   Michigan. 


Central 
Michigan 
normal  school 
established. 


State  board 
of  education 
to  procure 
deed  of  con- 
veyance, etc. 


School  to  be 
under  control 
of  state 
board  of 
education. 


[Act   261,   P.   A.    1895.] 

The  People  of  the  State  of  Midiiyaii  enact: 

(425)  §  1213.     SECTION  1.     That  a  normal  school  for  the 
preparation  and  training  of  persons  for  teaching  in  the  rural 
district  schools,  and  the  primary  departments  of  the  graded 
schools  of  the  state,  to  be  known  as  "Central  Michigan  Nor- 
mal School,"  be  established  and  continued    at    the    city  of 
Mount  Pleasant  in  Isabella  county,  to  be  located  upon  block 
ten    of    the    normal    school  addition  to  said  city,  known  as 
"normal  campus"  and  being  a  block  of  land  in  area  between 
eight  and  ten  acres. 

(426)  §  1214.     SEC.  2.     The  state  board  of  education  is 
hereby  authorized  and  directed  to  procure  a  good  and  suf- 
ficient, deed  of  conveyance,  to  be  accompanied  with  abstract 
of  title  and  tax  history,  to  be  approved  by  the  attorney  gen- 
eral, conveying  to  the  said  board  of  education  and  its  suc- 
cessors a  good  and  unincumbered  title  in  fee  simple  to  said 
lands  and  buildings  thereon,  for  such  school,  and  a  proper 
article  of  •  sale  of  all  the  library,  school  furniture  and  ap- 
paratus therein,  said  lands  and  buildings  and  personal  prop- 
erty to  be  donated  to  the  state  of  Michigan,  in  consideration 
of  the  establishment   of  said    school,    and   to   be   conveyed 
within  thirty  days  after  the  passage  of  this  act. 

(427)  §  1215"     SEC.  3.     Said  school  shall  be  under  and 
subject  to  the  control  of  the  state  board  of  education,  accord- 
ing to  the  provisions  of  act  number  one  hundred  ninety-four 
of  the  public  acts  of  eighteen  hundred  and  eighty-nine,  of 
Michigan,  entitled  "An  act  to  revise    and    consolidate    the 


GENERAL  SCHOOL  LAWS.  193 

laws  relative  to  the  state  board  of  education,  and  amend- 
ments thereto,"  which  is  made  applicable  to  this  school,  ex- 
cept as  herein  otherwise  provided. 

The  act  referred  to  immediately  precedes  this.     See  sections  407-424. 


An  Act  to  change  the  name  of  the  "Michigan  State  Normal  School" 
to   "Michigan   State   Normal    College." 

[Act    52,   P.   A.    1899.] 

The  People  of  the  State  of  Michigan  enact: 

(428)      §  1209.     SECTION  1.     The  institution  now  known  change  name 
and  designated  under  the  name  and  style  of  "Michigan  State  sc 
Normal  School"  shall  hereafter  be  known  as  the  "Michigan 
State  Normal  College." 

Sec.  2,  repealing  clause. 


An  Act  to  provide  for  the  location,  establishment  and  conduct  of  a 
normal  school  at  Marquette,  in  the  upper  peninsula  of  this  state, 
and  to  make  an  appropriation  for  the  same. 

'[Act  51,  P.  A.  1899.] 

The  People  of  the  State  of  Michigan  enact: 

(429)  §  1219.     SECTION  1.    That  a  normal  school  shall  be 
located   at  Marquette,   to  be  known  as  the  northern  state 
normal  school,  for  the  purpose  of  instructing  persons  in  the  Purpose, 
several  branches  pertaining  to  a  public  school  education,  and 

in  the  science  and  the  art  of  teaching  the  same. 

(430)  §  1220.     SEC.  2.     The  state  board  of  education  is 
hereby  authorized  to  procure  a  suitable  site  for  the  grounds 
and  buildings  for  said  normal  school,  which  site  shall  con- 
sist of  at  least  twenty  acres  of  land,  located  within  one  and 
one-half  miles  of  the  present  location  of  the  postoffice  in  said 
city  of  Marquette.     Said  state  board  of  education  shall  pay 
for  such  site  a  sum  not  exceeding  one  dollar,  which  sum  is 
hereby  appropriated  for  the  use  of  said  state  board  of  edu- 
cation out  of  any  moneys  in  the  treasury  not  otherwise  ap- 
propriated, to  be  drawn  on  the    requisition    of    said    state 
board  of  education  and  the  warrant  of  the  auditor  general, 
as  the  moneys  and  appropriations  are  drawn.     Said  state 
board  of  education  shall  procure  good  and  sufficient  deed  or 
conveyance  of  such  site  and  grounds,  and  have  the  title  for 
the  same  duly  recorded.     When  so  recorded,  the  said  deed 
of  conveyance,  with  an  abstract  of  title  showing  a  clear  and 
unincumbered  title,  and  all  papers  relating  thereto  shall  be 
deposited  in  the  office  of  the  auditor  general. 

Sections  3.  4  and  5  provided  appropriations  for   buildings  and  maintenance 
of  the  school. 

25 


194 


STATE    OP    MICHIGAN. 


Control  of 
school. 


(431)  §  1224.  SEC.  6.  The  said  northern  state  normal 
school  shall  be  under  and  subject  to  the  control  of  the  state 
board  of  education,  according  to  the  provisions  of  act  num- 
ber one  hundred  ninety-four  of  the  public  acts  of  eighteen 
hundred  and  eighty-nine,  entitled  "An  act  to  revise  and  con- 
solidate the  laws  relative  to  the  state  board  of  education,  and 
amendments  thereto,  also  according  to  the  provisions  of  act 
number  one  hundred  and  seventy-five  of  the  public  acts  of 
eighteen  hundred  and  ninety-seven,  entitled  "An  act  to  fix 
the  relation  of  the  existing  normal  schools  of  the  state," 
which  laws  are  made  applicable  to  the  school,  except  as 
herein  otherwise  provided. 


An  Act  to  provide  for  the  locating,  establishing  and  maintaining  of 
a  state  normal  school  in  the  western  part  of  the  state,  to  make 
appropriations  therefor  and  to  provide  a  tax  to  meet  the  same. 


Name,  etc. 


Site,  how  and 
by  whom 
secured. 


School, 
how  con- 
trolled, etc. 


[Act   156,  P.   A.  1903.] 

The  People  of  the  State  of  Michigan  enact: 

(432)  §  1225.    SECTION  1.    A  state  normal  school  shall  be 
located,  established  and  maintained  in  the  western  part  of 
the  state,  at  .such  place  as  the  state  board  of  education  shall 
designate,  to  be  known  as  the  "Western  State  Normal  School," 
for  the  preparation  and  training  of  persons  for  teaching  in 
the  rural  district  schools,  and  the  primary  departments  of 
the  graded  schools  of  the  state. 

(433)  §  1226.     SEC.  2.     The  state  board  of  education  is 
hereby  authorized  and  directed  to  procure  a  suitable  site  of 
not  less  than  twenty  acres  for  the  building  and  grounds  for 
said  normal  school.    Said  state  board  of  education  shall  pay 
for  such  site  a  sum  not  exceeding  one  dollar,  to  be  drawn  on 
the  requisition  of  said  state  board  of  education,  and  the  war- 
rant of  the  auditor  general,  as  other  moneys  and  appropria- 
tions are  drawn.    Said  state  board  of  education  shall  procure 
good  and  sufficient  deed  of  conveyance,  with  an  abstract  of 
the  title  thereto,  showing  a  clear  and  unencumbered  title, 
and  all  papers  relating  thereto  shall  be  deposited  in  the  office 
of  the  auditor  general.   The  sum  of  one  dollar  is  hereby  ap- 
propriated for  the  fiscal  year  ending  June  thirtieth,  nineteen 
hundred  four,  for  the  purpose  of  carrying  out  the  provisions 
of  this  section. 

Sections  3  and  4  provided  appropriations  for  buildings  and  maintenance  of 
school. 

(434)  §  1229.     SEC.  5.     The  said  western    state    normal 
school  shall  be  under  and  subject  to  the  control  of  the  state 
board  of  education,  according  to  provisions  of  act  number  one 
hundred  ninety-four  of  the  public  acts  of  eighteen  hundred 
eighty-nine,  entitled  "An  act  to  revise    and    consolidate  the 


GENERAL    SCHOOL    LAWS.  195 

laws  relative  to  the  state  board  of  education,"  and  amend- 
ments thereto;  also  according  to  the  provisions  of  act  num- 
ber one  hundred  seventy-five  of  the  public  acts  of  eighteen 
hundred  ninety-seven,  entitled  "An  act  to  fix  the  relations  of 
the  existing  normal  schools  of  the  state,"  which  laws  are 
made  applicable  to  the  school  hereby  established  except  as 
herein  otherwise  provided. 

Sections  6  and  7  prescribed  manner  of  payment  of  appropriations,  and  tax 
clause. 


An  Act  to  provide  for  physical  training  in  the  state  normal  schools 
and  in  certain  city  districts. 

[Act   40,    P.    A.    1911.] 

The  People  of  the  fitate  of  Michigan  enact: 

(435)  §  1232.  SECTION  1.  Physical  training  shall  be  in-  where 
eluded  in  the  branches  to  be  regularly  taught  in  public 
schools  in  city  school  districts  having  a  population  of  more 
than  ten  thousand  and  in  the  state  normal  schools,  subject 
to  such  rules  and  regulations  as  the  superintendent  of  public 
instruction  may  prescribe,  and  it  shall  be  the  duty  of  the 
boards  of  education  in  such  city  school  districts  and  of  the 
state  board  of  education  to  make  provisions  in  the  schools 
and  institutions  under  their  jurisdiction  for  the  introduc- 
tion of  a  systematic  and  educational  course  of  physical  train- 
ing; to  engage  competent  instructors;  to  provide  the  neces- 
sary equipments;  to  establish  and  conduct  same;  and  to 
adopt  such  methods  as  shall  adapt  the  same  to  the  capacity 
of  the  pupils  in  the  various  grades  therein ;  and  other  boards 
may  make  such  provisions.  The  curriculum  in  all  normal 
schools  of  this  state  shall  contain  a  regular  teacher's  course 
on  physical  education  under  competent  jurisdiction. 


An  Act  to  authorize  and  empower  boards  of  education  in  certain 
school  districts  of  this  state  to  provide  for  the  establishing  and 
offering  of  advanced  courses  of  study  to  high  school  graduates,  and 
to  provide  for  the  regulation  thereof. 

[Act  146,  P.  A.  1917.] 

The  People  of  the  State  of  Michigan  enact: 

(436)     SECTION  1.     The  board  of  education  in  any  school 
district  of  this  state  having  a  population  of  more  than  thirty  certain 
thousand  people,  according  to  the  last  official  census  of  the   1 
United  States  government,  is  hereby  authorized  and  empower- 
ed to  provide  for  the  establishing  and  offering  in  such  dis- 
trict of  advanced  courses  of  study  for  high  school  graduates, 
which  courses  shall  not  embrace  more  than  two  years  of  col- 


196 


STATE    OP    MICHIGAN. 


How 

designated. 


Proviso,  who 
not  admitted. 


legiate  work.  Such  courses  collectively  shall  be  known  and 
designated  as  the  junior  collegiate  department  of  the  dis- 
trict school  system.  The  board  of  education  shall  provide 
suitable  instructors  therefor  and  shall  adopt  regulations  with 
reference  to  the  admission  and  conduct  of  pupils  taking  such 
courses,  and  the  issuance  of  diplomas  upon  the  completion 
thereof:  Provided,  however,  That  no  student  who  is  not  a 
graduate  of  a  high  school  offering  four  years  of  work  in 
this  state  shall  be  admitted  to  any  of  such  courses. 


Powers  of 
board. 


Proviso. 


An  Act  to  authorize  and  require  the  state  board  of  education  to  pre- 
scribe courses  of  study,  issue  licenses  and  certificates  and  grant 
diplomas  and  degrees  in  connection  with  the  several  state  normal 
schools  of  the  state,  and  to  repeal  all  acts  and  parts  of  acts  in  any 
way  contravening  the  provisions  of  this  act. 

[Act  202,  P.   A.   1903.] 

The  People  of  the  State  of  Michigan  enact: 

(437)  §  1211.  SECTION  1.  The  state  board  of  education  is 
hereby  authorized  and  required  to  prescribe  the  courses  of 
study  for  students,  to  grant  such  diplomas  and  degrees  and 
issue  such  licenses  and  certificates  to  graduates  of  the  several 
normal  schools  of  the  state  as  said  state  board  of  education 
shall  determine:  Provided,  That  there  shall  always  be  main- 
tained in  the  central  Michigan  and  western  normal  schools 
a  department  especially  for  the  education  and  training  of 
teachers  for  the  rural  schools  of  the  state. 

NOTE. — The  foregoing  act  In  effect  repeals  Act  175  of  1897,  which  was  an 
act  authorizing  the  state  board  of  education  to  grant  certificates  and  main- 
tain uniformity  in  courses  of  study  in  the  normal  schools. 


LOAN  FUNDS  FOR  THE  BENEFIT  OF  STUDENTS. 

An  Act  to  provide  for  the  incorporation  of  associations  for  the  pur- 
pose of  establishing  loan-funds  for  the  henefit  of  school  scholars 
and  students  of  this  state,  to  assist  them  to  attend  the  university 
of  Michigan,  the  state  normal  college  at  Ypsilanti,  the  central 
Michigan  normal  school  at  Mt.  Pleasant,  the  Michigan  state  agri- 
cultural college  at  Lansing,  the  college  of  mines  at  Houghton,  or 
the  manual  training  schools  of  this  state. 


Number 
that  may 
incorporate. 


[Act  250,  P.   A.    1899.1 

The  People  of  the  State  of  Michigan  enact: 

(438)  §  11321.  SECTION  1.  Any  five  or  more  persons  of  full 
age  residing  in  the  state  of  Michigan  may  associate  and  in- 
corporate themselves  together  for  the  purpose  of  establish- 


GENERAL    SCHOOL    LAWS.  197 

ing  loan-funds  for  the  benefit  of  school  scholars  and  stu- 
dents of  this  state,  to  assist  them  to  attend  the  university  of 
Michigan,  the  state  normal  college  at  Ypsilanti,  the  central 
Michigan  normal  school  at  Mt.  Pleasant,  the  Michigan  state 
agricultural  college  at  Lansing,  the  Michigan  college  of 
mines,  or  the  manual  training  schools  of  this  state. 

(439)  §  11322.   SEC.  2.    Articles  of  association  shall  be  exe- 
cuted  in  duplicate,  by  the  persons  so  associating  themselves  to- 
gether in  the  first  instance,  and  shall  be  acknowledged  by 
them  before  some  person  authorized  by  the  laws  of  this  state 
to  take  acknowledgments  of  deeds,  one  of  which  duplicates 
shall  be  filed  and  recorded  in  the  office  of  the  secretary  of 
state,  and  a  record  shall  be  made  of  such  articles,  and  a  certi- 
fied copy  thereof  filed  in  the  clerk's  office  in  the  county  where 
such  society  is  formed.    Thereupon  the  persons  so  executing 
said  articles,  and  such  other  persons  as  may  thereafter,  ac- 
cording to  the  provisions  of  such  articles,  become  associated 
with  thein  shall  become  and  be  a  body  politic  and  corporate, 
capable  of  being  sued,  for  the  purpose  set    forth    in    such 
articles. 

(440)  §  11323.     SEC.  3.    The  articles  of  association  shall  Articles  of 

,     .   '  association. 

contain : 

First,  The  names  and  places  of  residence  of  the  persons 
associated  in  the  first  instance; 

Second,  The  name  or  title  by  which  such  association  shall 
be  known  in  law,  and  the  period  for  which  it  is  incorporated, 
not  exceeding  thirty  years; 

Third,    The  objects  for  which  it  was  organized; 

Fourth,  The  number  of  its  trustees  or  managers  to  manage 
the  same,  and  the  names  of  such  trustees  or  managers  for  the 
first  year  of  its  existence. 

(441)  §  11324.  SEC.  4.  The  affairs  of  such  corpo, ation  shall 
be  under  the  general  management  of  not  less  than  five  nor 
more  than  fifteen  trustees,  to  be  chosen  by  the  members  there- 
of, and  to  hold  office  for  such  time,  not  exceeding  five  years, 
as  shall  be  provided  by  the  articles  of  association ;  and  the 
articles  of  association  may  provide  for  a  classification  of  the 
trustees  so  that  the  terms  of  office  of  the  several  classes  shall 
expire  at  different  times,  and  for  a  classification  of  the  mem- 
bers in  accordance  with  their  subscriptions  to  the  objects  for 
which  the  corporation   was  organized.     The  regular  officers 
of  such  corporation  shall  form  a  part  of  such  trustees.    The 
officers  may  be  chosen  by  the  trustees  or  the  members  of  the 
corporation,  as  the  articles  shall  prescribe.    The  by-laws  shall  By-laws, 
be  adopted  by  tLe  trustees,  who  may  change  them  at  pleas- 
ure.   A  majority  of  the  trustees  shall  be  a  quorum  to  trans- 
act business.     The  articles  of  association  of  any  such  corpo  Amendments. 
ration  may  be  amended  at  any  time  by  a  two-thirds  vote  of 

the  trustees.  Before  any  such  amendment  shall  take  effect,  a 
copy  of  the  resolution,  certified  by  the  secretary,  shall  be  filed 


198 


STATE    OP    MICHIGAN. 


May  receive 
real  and 
personal 
estate. 


Proviso, 
may  specify 
kinds  of 
securities. 


in  the  office  of  the  secretary  of,  state,  and  in  the  clerk's  office 
of  the  county  in  which  the  original  articles  are  filed. 
Funds  of  (442)     §  11325.   SEC.  5.  All  the  funds  received  by  any  cor- 

corporation.  pOration  organized  under  this  act  shall  be  used,  after  paying 
necessary  expenses,  for  the  exclusive  purpose  or  purposes  set 
forth  in  the  articles  of  association.  And  no  portion  of  the 
funds  of  such  corporation  shall  be  used  or  contributed  toward 
the  erection,  completion  or  furnishing  of  any  building  not 
owned  or  used  by  such  corporation  for  the  purpose  or  purposes 
set  forth  in  its  articles  of  association.  Such  corporation  shall 
in  equity  and  law  be  capable  of  taking  and  receiving  real  and 
personal  estate,  either  by  purchase,  gift,  grant,  lease,  or  bar- 
gain and  sale,  devise  and  bequest,  not  exceeding  twenty-five 
thousand  dollars,  in  the  aggregate,  for  the  purpose  of  its  in- 
corporation, but  for  no  other  purpose,  and  it  shall  have 
power  to  invest  the  same  at  pleasure,  and  to  grant,  bargain, 
mortgage,  sell  or  lease  the  same  for  the  use  of  said  associa- 
tion; and  it  shall  be  lawful  to  invest  the  same  upon  mort- 
gage, or  in  or  by  loans  on  notes  or  bonds,  or  municipal, 
county,  state  or  United  States  securities;  or  deposit  the 
same  in  any  reliable  bank  on  interest;  but  no  loans  shall  be 
made  to  any  trustee  or  officer  of  such  corporation:  Pro- 
vided, That  any  such  corporation  may,  in  its  articles  of 
association,  specify  the  kinds  of  securities  in  which  its  funds 
shall  be  invested,  and  that  no  part  of  its  funds  shall  be  in- 
vested in  any  securities  other  than  those  named  in  its  arti- 
cles, or  when  the  securities  shall  not  be  specified  in  the 
articles  of  association,  then  such  funds  shall  only  be  invested 
in  such  securities  as  are  specified  in  this  act.  Such  corpo- 
ration shall  have  the  power  to  make  all  needful  rules  and 
regulations  and  by-laws  for  the  management  of  its  affairs, 
not  inconsistent  with  the  constitution  and  laws  of  this  state 
or  of  the  United  States.  • 

(443)  §  11326.   SEC.  6.  In  case  it  shall  at  any  time  happen 
that  an  election  of  officers,  directors  or  trustees  shall  not  be 
made  on  the  day  designated  by  the  articles  of  association  and 
by-laws,  said  corporation  for  that  cause  shall  not  be  dissolved, 
but  it  shall  and  may  be  lawful  on  any  other  day  to  hold  an 
election  of  officers,  directors  or  trustees,  in  such  manner  as 
may  be  directed  by  the  articles  of  association  and  by-laws  of 
said  corporation. 

(444)  §  11327.    SEC.  7.    The  articles  of  association  filed  as 
required  by  this  act,  or  a  copy  thereof  certified  by  the  officer 
with  whom  they  are  so  filed,  may  be  given  in  evidence  in  any 
court  of  this  state  for  or  against  said  corporation.    Said  cor- 
poration shall  possess  the  general  power  conferred  by  and 
subject  to  the  provisions  and  restrictions    of    chapter  two 
hundred  thirty  of  the  compiled  laws  of  the  state  of  Michigan 
of  eighteen  hundred  ninety-seven,  so  far  as  the  same  may  be 
applicable  to  corporations  formed  under  this  act. 


Election  of 
officers. 


Articles  may 
be  used  in 
court. 


General 
power  of  cor- 
poration. 


GENERAL    SCHOOL    LAWS.  199 


STATE  BOARD  OF  LIBRARY  COMMISSIONERS. 

An  Act  to  create  a  state  board  of  library  commissioners,  to  promote 
the  establishment  and  efficiency  of  free  public  libraries,  and  to 
provide  an  appropriation  therefor. 

[Act   115,  P.  A.   1899.] 

The  People  of  the  State  of  Michigan  enact: 

(445)  §  1150.     SECTION   1.     The  governor,   with   the   ad- 
vice  and  consent  of  the  senate,  shall  appoint  four  persons, 
residents  of  this  state,  who,  together  with  the  state  librarian, 
who  shall  be  a  member  ex-officio,  shall  constitute  a  board  of 
library  commissioners.    Two  members  of  said  board  shall  be 
appointed  for  a  term  of  four  years  and  two  for  a  term  of 
two  years,  and  thereafter  the  term  of  office    shall    be    four 
years.     All  vacancies  occurring  in  the    appointive    member-  Fining  of 
ship  of  said  board,  whether  by  expiration  of  term  of  office  v< 

or  otherwise,  shall  be  filled  by  the  governor,  with  the  advice 
and  consent  of  the  senate. 

(446)  §  1151.    SEC.  2.    It  shall  be  the  duty  of  the  library  Duties  of 
commission  to  give  advice  and  counsel  to  all  free  libraries  C( 

in  the  state,  and  to  all  communities  which  may  propose  to 
establish  them,  as  to  the  best  means  of  establishing  and  ad- 
ministering such  libraries,  the  selection  of  books,  cataloguing, 
and  all  other  details  of  library  management.  In  January  of 
each  year  the  board  shall  make  a  report  to  the  governor  of 
its  doings,  of  which  report  one  thousand  copies  shall  be 
printed  by  the  state  printer  for  the  use  of  the  board. 

(447)  §  1152.     SEC.  3.     It  shall  be  the  duty   of   all   free 
libraries  organized  under  the  laws  of  the  state,  whether  gen- 
eral  or  special,  to  make  an  annual  report  to  the  board  of  li- 
brary commissioners,  which  report  shall  conform  as  near  as 
may   be    reasonable    and    convenient,    as    to    time  and  form 
such  rules  as  the  board  may  prescribe. 

Sections  4  and  5  of  this  act  are  repealed  by  act  274  of  1909. 


APPROPRIATION  FOR  STATE  BOARD  OF  LIBRARY  COM- 
MISSIONERS. 

[Extract  from   Act  95,   P.   A.    1915.] 

The  People  of  the  State  of  Michigan  enact: 

(448)     SECTION  1.     There  is  hereby  appropriated  for  each  Amount  ap- 
of  the  fiscal  years  ending  June  thirty,  nineteen  hundred  six-  l 
teen,  and  June  thirty,  nineteen  hundred  seventeen,  the  sum 
of  five  thousand  five  hundred  dollars,  to  be  expended  by  the 
state  board  of  library  commissioners  as  follows :    For  defray-  Purposes. 


200 


STATE    OP   MICHIGAN. 


ing  expenses  of  organizing  libraries  and  conducting  library 
institutes  and  training  schools,  two  thousand  five  hundred 
dollars;  for  traveling  expenses  of  organizers  and  the  board, 
one  thousand  dollars;  for  secretary  and  clerical  assistance, 
instructors,  supplies  and  incidentals,  two  thousand  dollars.  Instructors 
suitable  for  this  work  shall  be  selected  by  the  board,  and  all 
the  expenses  incurred  thereby,  together  with  the  expenses  of 
said  board,  whether  within  or  outside  the  state,  supplies  and 
incidentals  necessary  for  the  work,  shall  be  paid  out  of  the 
appropriation.  The  board  may  appoint  one  of  its  members 
as  secretary,  and  such  secretary  may  receive  such  sum  as 
shall  be  agreed  upon  by  the  board.  The  printing  and  binding 
necessary  to  carry  on  the  work  of  said  board  shall  be  fur- 
nished by  the  board  of  state  auditors  and  paid  for  out  of  the 
general  fund  as  other  state  printing  and  binding  is  paid  for. 


Secretary. 


Printing  and 
binding. 


DISTRIBUTION  OF  LAWS  AND  DOCUMENTS. 


Annual  report 
of  superin- 
tendent of 
public  in- 
struction. 


To  whom 
distributed. 


Number 
of  pages. 


An  Act  to  provide  for  the  publication  and  distribution  of  laws  and 
documents,  reports  of  the  several  officers,  boards  of  officers  and 
public  institutions  of  this  state  now  or  hereafter  to  be  published, 
and  to  provide  for  the  replacing  of  books  lost  by  fire  or  otherwise, 
and  to  provide  for  the  publication  and  distribution  of  the  official 
directory  and  legislative  manual  of  the  state  of  Michigan,  etc.* 

(From  this  act  only  such  portions  are  quoted  as  relate  directly  to  the 
public  school  system.) 

[Act   44,   P.   A.    1899.] 

(449)  §  830.  SEC.  11.  There  shall  be  printed  of  the  an- 
nual report  of  the  superintendent  of  public  instruction,  a 
sufficient  number  to  supply  all  school  libraries  in  the  state 
with  one  copy  each,  also  one  copy  each  to  the  following  per- 
sons or  institutions :  To  each  superintendent  of  public  instruc- 
tion, state  university,  college  of  mines  and  state  normal 
school  in  the  United  States,  each  living  ex-superintendent 
and  deputy  superintendent  of  public  instruction  in  this  state, 
each  member  of  county  boards  of  examiners,  each  city  super- 
intendent of  schools ;  two  hundred  copies  for  deposit  with  the 
secretary  of  state  for  future  distribution,  and  such  number 
of  additional  copies  as  the  superintendent  of  public  instruc- 
tion may,  in  his  discretion,  deem  necessary,  and  not  exceed- 
ing three  hundred  copies.  Said  report  shall  not  exceed  three 
hundred  pages  including  context  and  index,  such  pages  to  be 
the  size  of  the  pages  of  the  report  of  the  superintendent  of 
public  instruction  for  the  year  eighteen  hundred  ninety-five, 
and  such  report  shall  be  distributed  by  the  superintendent  of 
public  instruction.  Not  to  exceed  the  sum  of  fifty  dollars  for 

*Remainder  of  title,  repealing  clause. 


GENERAL    SCHOOL    LAWS.  201 

any  one  report  shall  be  expended  for  cuts  or  illustrations  for 
said  report :  Provided,  That  said  fifty  dollars  shall  cover  the  Proviso, 
cost  for  special  paper,  if  necessary  for  such  cuts,  and  also 
the  cost  of  making  such  cuts :  Provided  further,  That  the 
state  superintendent  of  public  instruction  may  prepare  and 
have  published  for  the  district  schools  a  state  course  of 
study;  for  the  teachers'  institutes,  institute  outlines;  and, 
from  time  to  time,  such  educational  bulletins  as  he  may  deem 
necessary  and  the  board  of  state  auditors  may  approve,  for 
the  advancement  of  the  cause  of  education  in  Michigan. 

Am.  1901,  Act  31 ;  1903,  Act  225. 

.  Section  30  of  the  above  act  provides  for  the  distribution  of  the  legislative 
manual  (red  book),  and  the  list  includes  one  copy  for  each  of  the  following: 
Each  district,  graded,  and  city  public  school ;  each  public  library  other  than 
school  library ;  each  township,  village,  and  city  clerk,  and  the  county  com- 
missioner of  schools. 

(450)  §  850.    SEC.  32.    It  shall  be  the  duty  of  the  county  Duty  of 
commissioners  of  schools  to  distribute    all    copies    of    the  misskme?m~ 
"official  directory  and  legislative  manual"  to  the  schools  in 

their  respective  counties,  as  provided  in  section  thirty  of  this 
act ;  and  also  to  see  that  the  same  are  kept  for  the  use  of  said 
schools,  and  it  shall  be  the  duty  of  the  secretary  of  state  to 
direct  and  oversee  the  prompt  distribution  of  the  laws,  jour- 
nals, documents  and  reports  mentioned  in  this  act,  whose  dis- 
tribution is  not  otherwise  provided  for;  and  said  laws,  jour- 
nals, documents  and  reports  shall  be  shipped  to  the  sev- 
eral county  clerks  and  county  commissioners  of  schools  in  the 
state,  and  be  distributed  by  them  to  the  persons,  officers,  cor- 
porations and  societies  within  their  respective  counties  en- 
titled to  the  same,  and  that,  until  so  distributed,  they  shall 
be  carefully  preserved  by  said  county  clerks  and  county  com- 
missioners of  schools.  That  the  accounts  for  boxes  furnished  E.xpe55,e  ^ 
to  the  secretary  of  state  for  package  and  distribution  shall 
be  audited  and  allowed  by  the  board  of  state  auditors  and 
paid  out  of  the  state  treasury,  and  the  expense  of  transporta- 
tion from  the  office  of  the  secretary  of  state  to  the  county 
clerks  and  county  commissioners  of  schools,  and  of  distribu- 
tion by  them  to  the  persons  entitled  to  the  same,  shall  be 
audited  and  allowed  by  the  boards  of  supervisors  and  paid 
out  of  the  county  treasuries. 

(451)  §  851. "  SEC.  33.    It  shall  be  the  duty  of  the  several  gggg  toof 
county  clerks  and  county  commissioners  of    schools,    upon  state. ar 
receiving  any  of  the  books  mentioned  in  this  act,  to  receipt  to 

the  secretary  of  state  for  the  same,  which  receipt  shall  be 
filed  and  preserved  in  the  office  of  the  secretary  of  state; 
and  it  shall  also  be  the  duty  of  the  said  county  clerks  and 
county  commissioners  of  schools  to  distribute  said  books  as 
provided  in  this  act,  and  to  report  at  the  expiration  of  a 
month  after  each  reception  of  books  to  the  secretary  of  state, 
on  blanks  furnished  by  him,  by  giving  a  full  statement  of  all 
of  said  books  remaining  in  his  office,  together  with  the  names 
of  the  officers  neglecting  to  call  for  the  books  to  which  they 


202 


STATE    OF    MICHIGAN. 


Notification 
by  secretary 
of  state. 


are  entitled;  and  it  shall  be  the  duty  of  all  persons,  officers, 
corporations  and  societies,  upon  receiving  any  of  the  books 
mentioned  in  this  act,  to  receipt  respectively  to  the  county 
clerk  and  county  commissioner  of  schools  for  the  same,  which 
receipt  shall  be  filed  and  preserved  in  the  office  of  the  county 
clerk  and  county  commissioner  of  schools  respectively.  It 
shall  also  be  the  duty  of  the  secretary  of  state  to  notify  each 
person  to  whom  any  books  are  sent,  except  township  officers, 
either  directly  or  in  care  of  the  county  clerk,  which  are  re- 
quired by  this  act  to  be  kept  in  any  library  or  passed  over  to 
any  successor  in  office,  and  that  each  person  receiving  such 
notice  shall,  within  a  reasonable  time,  apply  to  the  county 
clerk  for  the  books  mentioned  in  this  notice,  if  such  books 
were  sent  to  the  county  clerk,  and  obtain  the  same;  and  if 
such  books  have  been  received  by  the  county  clerk  and  are 
not  called  for  as  aforesaid,  such  person  thus  notified  shall  be 
held  responsible  in  the  same  manner  and  to  the  like  extent 
as  in  the  case  of  his  neglect  or  refusal  to  deliver  over  to  his 
successor  books  received  by  him,  except  that  books  sent  for 
the  use  of  township  officers  may  be  sent  to  either  the  town- 
ship clerk  or  county  clerk,  when  the  secretary  of  state  shall 
notify  the  township  clerk,  who  shall  draw  all  of  the  books  for 
the  officers  of  his  township  and  distribute  the  same. 

Section  34  provides  that  each  city,  village,  township  and  county  officer 
shall,  when  he  ceases  to  hold  such  office,  deliver  over  to  his  successor  in 
office  all  such  books  received  by  him  which  are  required  by  this  act  to  be 


placed  in  his  library. 

CUSTODY   OP  RECORDS:     See  Murta  v.  Carr,   140/606. 


An  Act  to  provide  for  the  dissemination,  publication  and  distribution 
to  school  districts  of  this  state  of  pamphlets,  documents,  books  and 
circulars  written,  compiled,  published  or  prepared  by  any  depart- 
ment of  state  government,  or  by  any  institution  maintained  in 
whole  or  in  part  by  this  state. 

[Act  265,  P.    A.    1915.] 


Lists  of 
pamphlets, 
documents, 
etc. 


Selection  of 
such  as  have 
educational 
value. 


The  People  of  the  State  of  Michigan  enact: 

(452)  §  5839.   SECTION  1.  On  or  before  the  first  day  of  Oc- 
tober, nineteen  hundred  fifteen,  and  on  or  before  the  first  day 
of  every  month  thereafter,  it  shall  be  the  duty  of  the  head  of 
every  department  of  state  government,  and  all  other  institu- 
tions maintained  in  whole  or  in  part  by  this  state,  to  prepare 
and  transmit  to  the  superintendent  of  public  instruction  a 
detailed  list  of  all  pamphlets,  documents,  books  and  circulars 
compiled,  published  or  prepared  by  such  department  or  in- 
stitution. 

(453)  §  5840.  SEC.  2.  On  or  before  ten  days  after  receipt  by 
the  superintendent  of  public  instruction  of  the  lists  prepared 
and  transmitted  in  compliance  with  the  provisions  of  section 


GENERAL  SCHOOL  LAWS.  203 


one  of  this  act,  it  shall  be  the  duty  of  the  superintendent  ol 
public  instruction  and  the  secretary  of  the  public  domain  com- 
mission, to  convene  in  the  office  of  the  superintendent  of  pub- 
lic instruction  and  there  examine  said  lists  and  select  there- 
from such  pamphlets,  documents,  books  and  circulars  as  they 
deem  have  an  educational  value.  After  the  examination  and 
selection  as  provided  herein,  it  shall  be  the  duty  of  the  su- 
perintendent of  public  instruction  and  the  secretary  of  the 
public  domain  commission  to  transmit  to  the  head  of  each 
department  and  institution,  a  list  of  the  selections  made  from 
the  lists  transmitted  by  the  heads  of  such  departments  or 
institutions.  Upon  receipt  of  this  selected  list  by  the  heads 
of  such  departments  or  institutions,  it  shall  be  their  duty 
to  transmit  such  pamphlets,  documents,  books  and  circulars 
as  may  be  necessary  to  supply  the  school  districts  of  the  Transmission 
state,  to  the  superintendent  of  public  instruction  and  he  shall 
apportion  and  transmit  such  pamphlets,  documents,  books  schools. 
and  circulars  to  the  school  districts,  to  be  the  property  of  the 
school  library  :  Provided,  That  the  heads  of  the  state  depart-  Proviso, 


ments  and  the  heads  of  the  state  institutions  mentioned  in 


section  one  of  this  act  are  hereby  authorized  and  required  copies* 
to  have  printed  such  additional  copies  of  all  pamphlets,  docu- 
ments, books  and  circulars  as  may  be  required  for  distribu- 
tion under  section  two  of  this  act. 


RURAL  HIGH  SCHOOLS. 

An  Act  to  provide  for  the  establishment  and  maintenance  of  rural 

high,  schools. 

[Act  144,   P.   A.   1901.] 

The  People  of  the  State  of  Michigan  enact: 

(454)  §  5934.  SECTION  1.    The  township  board  of  any  town-  Petition^! 
ship,  not  having  within  its  limits  an  incorporated  village  or 

city,  upon  the  petition  of  not  less  than  one-third  of  the  tax- 
payers of  such  township  for  the  establishment  of  a  rural  high 
school,  or  for  the  discontinuance  of  any  rural  high  school  es- 
tablished under  the  provisions  of  this  act,  shall  submit  such  submit  vote 
question  to  a  vote  of  the  qualified  electors  of  said  township  de?Sal 
at  a  special  election    called  for  that  purpose  within  sixty 
days  from  date  of  receipt  of  said  petition. 

Am.   1915,   Act   22. 

(455)  §  5935.    SEC.  2.   All  elections  ordered  by  any  town-  Elections  held 
ship  board  in  pursuance  of  section  one  of  this  act  shall  be  held  piace?al 

at  the  usual  place  or  places  of  holding  township  elections,  and 


204 


STATE    OF    MICHIGAN. 


Notice 
given. 


conducted. 


notice  shall  be  given  and  the  election  conducted  in  all  re- 
spects as  provided  by  law  for  the  election  of  township  offi- 
Eiection.jiow  cers,  and  the  ballots  shall  have  printed  thereon  "for  rural 
high  school — Yes.'7  "For  rural  high  school — No,"  or  in  the 
case  of  the  discontinuance  of  any  rural  high  school  estab- 
lished under  the  provisions  of  this  act,  "For  discontinuance 
of  rural  high  school — Yes."  "For  discontinuance  of  rural 
high  school: — No." 

Am.  Id. 


Board  of 
trustees,  when 
elected, 
terms  of 
office. 


Proviso, 
rural  high 
schools. 


Ex  officio 
members. 


Discontin- 
uance of  rural 
high  school. 


Board  of 
trustees, 
meetings. 


Powers. 


(45G)  §  5936.  SEC.  3.  If  more  votes  are  cast  in  favor  of  such 
high  school  than  against  it  at  such  election,  the  qualified  elect- 
ors of  said  township  shall  elect  at  their  next  annual  election  of 
township  officers  a  board  of  trustees  of  three  members,  one 
for  one  year,  one  for  two  years  and  one  for  three  years,  and 
on  the  expiration  of  their  terms  of  office  and  regularly  there- 
after their  several  successors  shall  be  elected  in  like  manner 
for  a  term  of  three  years  each :  Provided,  That  when  a  rural 
high  school  shall  have  been  established  by  the  electors  of  any 
township,  the  first  election  of  such  trustees  may  be  ordered 
by  the  township  board  to  be  held  at  any  time  after  the  ten 
days'  legal  notice  of  such  election  shall  have  been  given. 
The  township  clerk  shall  be  ex  officio  member  and  the  clerk  of 
the  board  and  the  township  treasurer  shall  be  ex  officio  mem- 
ber and  treasurer  of  the  board,  with  the  same  power  as  other 
members  of  the  board.  If  two-thirds  of  the  votes  cast  are  in 
favor  of  the  discontinuance  of  any  rural  high  school,  such 
rural  high  school  shall  be  discontinued  in  the  same  manner 
as  is  provided  by  law  for  the  discontinuance  of  district 
schools. 

Am.   1909,   Act  97;   1915,   Act  22. 

,(457)  §  5937.  SEC.  4.  Said  board  of  trustees  shall  meet  on 
the  third  Monday  in  April  of  each  year  and  organize  by  elect- 
ing one  of  the  trustees  as  president.  Eegular  meetings  of 
the  board  shall  be  held  on  the  second  Mondays  of  May, 
August,  November  and  February  in  each  year.  Special  meet- 
ings may  be  called  upon  five  days'  notice  by  the  president  or 
secretary.  The  board  shall  have  power: 

(a)  To  supervise  and  visit  the  school; 

(b)  To  admit  all  children  of  the  township  above  the  sixth 
grade  and  to  admit  and  provide  rates  of  tuition  for  non-resi- 
dent pupils  if  they  so  elect;  but  nothing  in  this  act  shall  be 
so  construed  as  to  limit  the  operation  of  the  laws  of  this 
state  relative  to  the  compulsory  education  of  children,  or  the 
liability  of  children  to  attend  school  thereunder,  and  it  shall 
be  the  duty  of  the  officers  charged  by  law  to  enforce  the 
provisions  of  said  laws  relative  to  the  compulsory  education 
of  children,  to  enforce  in  like  manner  the  attendance  at  such 
high  schools  of  children  admitted  to  attendance  thereat  under 
the  terms  of  this  act; 


GENERAL  SCHOOL  LAWS.  205 

(c)  To  select  and  adopt  text-books; 

(d)  To  appoint  legally  qualified  teachers; 

(e)  To  fix  wages,  make  general  rules  and  regulations  for 
the  control  of  the  school,  suspend  or  expel  pupils,  fix  the 
time  of  school  which  will  not  be  more  than  ten  months  nor 
less  than  seven  in  any  one  year; 

'(f)  To  rent  or  to  purchase  and  hold  real  estate  for  such 
township  high  school, 'build  and  furnish  schoolhouses,  deter- 
mine location  of  grounds  and  building,  which  shall  be  as 
near  the  center  of  the  township  as  practicable,  according  to 
sanitary  conditions,  and  to  receive  and  hold  bequests  and 
gifts  for  the  benefit  of  the  school,  and  to  dispose  of  property 
belonging  to  the  district  subject  to  the  provisions  hereinafter 
named ; 

(g)  To  provide  a  course  of  study  which  shall  be  approved 
by  the  superintendent  of  public  instruction  and  the  president 
of  the  Michigan  agricultural  college,  and  shall  not  consist 
of  more  than  four  years'  work;  said  course  of  study  may  in- 
clude instruction  in  manual  training,  domestic  science,  na- 
ture study  and  the  elements  of  agriculture; 

(h)  To  estimate  and  vote  the  amount  of  tax  necessary  to 
support  the  school  at  a  meeting  previous  to  October  first  in 
each  year  and  report  the  same  to  the  supervisor,  which 
amount  shall  be  spread  upon  the  tax  roll  the  same  as  other 
district  taxes,  and  in  their  discretion  borrow  money  for  cur- 
rent expenses,  which  amount  shall  not  exceed  fifty  per  cent 
of  the  amount  of  tax  voted; 

(i)  To  publish  annually  in  one  newspaper  of  the  town- 
ship or  county  a  statement  of  the  proceedings  of  the  board 
meetings  and  an  itemized  account  of  all  receipts  and  ex- 
penses, and  file  a  copy  of  the  same  in  the  office  of  the  county 
school  commissioner  and  state  superintendent  of  public  in- 
struction within  sixty  days  of  the  date  of  publication  of  the 
same; 

(j)  To  call  special  elections  or  meetings  of  the  township, 
if  necessary,  to  vote  on  the  amount  of  money  to  be  raised  for 
the  purchase  of  grounds  and  erection  of  buildings  and  for 
such  other  purposes  as  may  be  necessary  within  the  authority 
of  the  provisions  of  this  act  or  of  the  general  school  laws. 

Am.   1907,   Act  126. 

(458)  §  5938.    SEC.  5.   The  secretary  of  the  board  shall  re-  salary  of 
ceive  not  to  exceed  fifty  dollars  per  annum  for  his  services.  secretary- 
It  shall  be  his  duty  to  keep  the  records,  provide  supplies,  visit  Duty  of 
the  school  and  make  annual  reports  to  the  school  board,  the  S( 
county  school  commissioner  and  the  state  superintendent  of 
public  instruction,  in  such  form  as  the  superintendent  of  pub- 
lic instruction  shall  direct. 

(459)  §  5939.   SEC.  6.  All  orders  on  the  treasurer  for  mon-  orders  for 
eys  shall  be  ordered  by  the  board  and  signed  by  the  secretary  m 

and  president. 


206 


STATE    OP    MICHIGAN. 


Limit  of 
bond. 


Proviso. 


Under  super- 
vision of  com- 
missioner. 


(460)  §  5940.    SEC.  7.    A  majority  of  the  tax  payers  of  the 
township  shall  determine  the  amount  to  be  expended  in  the 
grounds  and  building  of  said  school  and  may  bond  the  town- 
ship for  such  amount:    Provided,    That  the  amount  of  said 
bonds  shall  not  exceed  five  thousand  dollars,  and  that  the 
period  of  such  bonds  shall  not  continue  beyond  ten  years. 

(461)  §  5941.    SEC.  8.    The  high  schools  established  under 
the  provisions  of  this  act  shall  be  under  the  supervision  of  the 
county  commissioner  of  schools,  and  all  questions  of  manage- 
ment, support  and  control  arising  under  the  provisions  of 
this  act  and  not  expressly  provided  for  therein  shall  be  sub- 
ject to  the  provisions  of  the  general  school  laws  of  this  state. 

Sec.  9.     Repealing  clause. 


INFORMATION  REGARDING  LIBRARIES. 

An  Act  to  secure  information  regarding  all  public  or  school  libraries 

in  this  state. 


Librarian  to 
make  an- 
nual report. 


To  whom 
county  com- 
missioner of 
schools  to 
transmit  list. 


[Act  134,    P.  A.   1903.] 

The  People  of  the  State  of  Michigan  enact: 

(462)  §  1153.   SECTION  1.   Hereafter  it  shall  be  the  duty  of 
the  librarian  of  any  and  all  public  libraries,  including  town- 
ship, school  district,  village  or  city  libraries,  to  make  an  an- 
nual report  regarding  the  location,  condition  and  support  of 
said  library  to  the  county  commissioner  of  schools  on  or  be- 
fore the  thirtieth  day  of  June  in  each  year. 

(463)  §  1154.    SEC.  2.    It  shall  be  the  duty  of  the  county 
commissioner  of  schools  in  each  county,  immediately  after  re- 
ceiving the  reports  from  the  several  libraries  in  his  county  and 
before  the  first  day  in  September  of  each  year,  to  transmit 
to  the  secretary  of  the  state  board  of  library  commissioners 
at  Lansing  a  complete  list  of  all  the  libraries  other  than  per- 
sonal libraries  within  his  county,  together  with  the  several 
reports  provided  for  in  section  one  of  this  act,  blanks  for  re- 
ports in  both  instances  to  be  furnished  by  the  board  of  li- 
brary commissioners. 

S'ec.  3.     Repeals  Act  199,  P.  A.  1901. 


GENERAL    SCHOOL    LAWS.  207 


PAYMENT  OF  TUITION  OF  EIGHTH  GRADE  PUPILS. 

An  Act  to  provide  for  the  payment  of  tuition  in  and  transportation 
to  another  district,  of  children  who  have  completed  the  eighth 
grade  in  any  school  district;  and  to  repeal  act  number  one  hun- 
dred ninety  of  the  public  acts  of  nineteen  hundred  three,  and  all 
other  acts  and  parts  of  acts  in  anywise  contravening  the  provisions 
of  this  act. 

[Act   65,   P.   A.    1909.] 

The  People  of  the  State  of  Michigan  enact: 

(464)  §  5830.    SECTION  1.    The  district  board  or  board  pf  Tax^pay 
education  of  any  school  district  which  does  not  maintain 

a  high  school,  shall  have  authority  and  is  hereby  required 
to  vote  a  tax  sufficient  to  pay  the  tuition  to  any  high  school 
which  is  approved  by  the  superintendent  of  public  instruc- 
tion, of  any  children  of  school  age,  residents  of  said  district 
at  the  time  of  giving  notice  as  hereinafter  provided,  who 
have  completed  the  studies  of  the  eight  grades,  not  exceed-  Amount. 
ing  in  amount  twenty-five  dollars  per  pupil  per  year,  unless 
the  voters  appropriate  a  larger  sum  at  the  annual  school 
meeting,  and  may  vote  a  tax  to  pay  the  transportation  during 
school  days  of  such  children,  such  tuition  to  be  paid  by  the 
treasurer  of  the  district  in  which  the  pupil  resided  at  the 
time  of  giving  the  notice  herein  provided,  to  the  treasurer 
of  the  district  where  the  high  school  attended  is  located: 
Provided,  That  a  parent  or  the  legal  guardian  of  such  chil-  ^Jj80- notice 
dren,  or  the  person  in  parental  relation  to  such  children,  shall  gl 
give  written  notice  to  the  district  board  or  board  of  educa- 
tion on  or  before  the  fourth  Monday  of  June,  that  such  chil- 
dren desire  to  attend  any  high  school  during  the  ensuing  year. 
Upon  receiving  written  notice  of  children  eligible  to  attend  Tax,  when 
high  schools,  the  district  board  or  board  of  education  shall  v< 
vote  a  tax  sufficient  to  cover  the  necessary  expense  for  tuition 
as  herein  provided,  and  may  vote  a  tax  sufficient  to  cover  the 
necessary    expense   for    daily    transportation    of    such    chil- 
dren :     Provided,  That  any  surplus  moneys  in  the  treasury  Proviso, 
of  said  district  belonging  to  the  primary  fund  may  be  used  moneys. 
in  paying  necessary  tuition  in  lieu  of  a  tax  therefor. 

Am.  1911,  Act  14;  1913,  Act  268;  1917,  Act  11. 

(465)  §  5831.    SEC.  2.   The  tax  provided  for  in  section  one  Tax  to  be 
of  this  act  shall  be  reported  to  the  clerk  of  the  township  in  reP°rted- 
which  such  district  is  located  and  shall  be  spread  upon  the 

tax  roll  of  such  township  in  the  same  manner  and  at  the  same 
time  as  other  school  taxes. 

Section  3  repeals  Act  190  of   1903. 

(466)  §  5833.    SEC.  4.    A  high  school  shall  be  a  graded  High  school 
school  maintaining  twelve  grades  of  work  with  at  least  three   € 


208 


STATE    OP    MICHIGAN. 


Proviso,  ten 
grades. 


Further 
proviso. 


teachers  devoting  their  entire  teaching  time  to  the  work  of  the 
seventh,  eighth,  ninth,  tenth,  eleventh  and  twelfth  grades, 
or  two  teachers  devoting  their  entire  teaching  time  to  the 
work  of  the  eighth,  ninth,  tenth,  eleventh  and  twelfth  grades : 
Provided,  That  a  graded  district  having  a  course  of  at  least 
ten  grades  with  one  teacher,  devoting  his  entire  teaching  time 
to  the  eighth,  ninth  and  tenth  grades,  shall  not  be  obliged 
to  pay  the  tuition  of  its  pupils  to  a  twelve  grade  school  until 
such  pupils  have  finished  ten  grades  of  work  in  their  own 
district:  Provided  further,  That  the  district  board  in  a  pri- 
mary school  district  may  pay  the  tuition  of  its  pupils  who 
have  satisfactorily  passed  the  county  eighth  grade  examina- 
tion as  hereinafter  specified  to  a  graded  school  district  main- 
taining ten  grades  of  work  for  a  period  not  exceeding  two 
school  years,  after  which  the  tuition  of  such  children  shall  be 
paid  to  a  high  school  as  provided  in  this  act. 

Added  1911,  Act  14;  Am.  1915,  Act  8. 

(467)  §  5834.  SEC.  5.  Pupils  eligible  to  have  their  tuition 
paid  shall  be  the  holders  of  county  eighth  grade  diplomas 
granted  by  the  county  boards  of  examiners  in  the  several 
counties  under  rules  and  regulations  prescribed  by  the  super- 
intendent of  public  instruction,  or  shall  have  completed  eight 
grades  of  work  in  a  graded  school  district  as  evidenced  by 
the  written  statement  of  the  superintendent  of  schools  in 
such  graded  school  district. 

Added  Id. 


Pupils 
eligible. 


An  Act  to  enable  district  boards  and  boards  of  education  to  pay  tuition 
to  another  district. 


Tuition  to 
nearest  school, 


[Act   21,    P.   A.   1913.] 

The  People  of  the  State  of  Michigan  enact: 

(468)  §  5835.  SECTION  1.  The  district  board  or  board  of 
education  in  all  primary,  graded  and. township  unit  districts 
of  the  state  may  use  money  in  the  general  fund  of  said  dis- 
trict for  the  purpose  of  paying  tuition  to  some  other  district 
or  districts,  of  children  who  have  not  completed  eight  grades 
of  work,  in  cases  where  such  children  are  nearer  to  the  school- 
house  in  another  district  than  to  the  schoolhouse  in  their 
own  district,  and  may  vote  a  tax  for  such  purpose. 


GENERAL    SCHOOL    LAWS.  209 


CHILDREN  OF  INDIGENT  PARENTS. 

An  Act  to  provide  means  whereby  children  of  indigent  parents,  with- 
in school  age,  may  attend  school. 

[Act  198,  P.   A.   1911.] 

'  I-  '  i      i     ••' 

The  People  of  the  State  of  Michigan  enact: 

(469)  §  5989.     SECTION  1.     Any    truant    officer    of    this  Truant 
state  when  authorized  by  the  board  of  education  to  investi- 
gate,  and  when  satisfied  that  any  child  within  his  jurisdic- 
tion, required  by  law  to  attend  school,  is  unable  so  to  do  by 
reason  of  the  fact  that  the  services  of  such  child  are  abso- 
lutely required  for  the  support  of  himself  or  herself,  or  to 
assist  in  the  support  or  care  of  others  legally  entitled  to  his 

or  her  services,  such  person  or  persons  being  unable  to  sup- 
port or  care  for  themselves,  such  truant  officer  shall  report 
the  case  to  the  board  of  education  of  the  school  district  in 
which  such  child  may  reside,  and  such  board  of  education 
shall  be  authorized  to  and  may  in  their  discretion  grant  such 
relief  as  will  enable  the  child  to  attend  school  during  the 
entire  school  year.  In  all  cases  where  such  relief  is  neces-  Relief  may  be 
sary  the  said  board  of  education  shall  be  authorized  to,  and  gl 
may  in  their  discretion,  furnish  to  such  child  the  necessary 
text  books  free  of  charge,  in  addition  to  such  other  necessary 
assistance  or  support. 

(470)  §  5990.     SEC.  2.    For  the  purposes  in  this  act  pro- Amount  paid 
vided  such  board  of  education  shall  pay,  during  the  school  to  famlly- 
year,  to  the  family  of  such  child  a  sum  not  to  exceed  three 

dollars  a  week,  nor  more  than  six  dollars  a  week  for  the  chil- 
dren of  any  one  family.  Said  money  shall  be  paid  in  the 
same  manner  and  out  of  the  same  fund  as  are  the  current 
expenses  for  the  maintenance  of  public  schools. 

(471)  §  5991.    SEC.  3.    It  shall  be  the  duty  of  the  truant 
officer  or  treasurer  of  the  school  board  in  any  district  where 

a  child  is  receiving  aid  under  the  provisions  of  this  act  to  truant  officer- 
disburse  the  funds  herein  provided  for,  and  to  investigate 
the  environment  of  the  child,  and  to  make  an  itemized  re- 
port monthly  to  the  school  board  or  some  officer  appointed 
by  the  board,  of  the  manner  in  which  such  funds  were  ex- 
pended:    Provided,  That  in  cities  having  a  juvenile  court  Proviso. 
such  investigation  shall  be  made  by  such  court. 

(472)  §  5992.     SEC.  4.    The  truant  officer  shall  notify  the  Monthly  re- , 
teacher  to  whom  any  child  receiving  aid  under  the  provisions  made  by 

of  this  act  may  be  assigned,  and  it  shall  be  the  duty  of  the  teacner- 
teacher  having  charge  of  such  child  to  report  monthly  to 
the  school  board  through  the  superintendent  of  schools,  the 
progress  such  child  is  making  in  his  or  her  school  work,  and 
the  record  of  attendance  together  with  such  other  informa- 
tion as  may  be  deemed  necessary.  Said  truant  officer  shall 
receive  the  same'  compensation  for  the  time  so  engaged  un- 
27 


210 


STATE    OF    MICHIGAN. 


der  the  provisions  of  this  act  as  he  receives  for  similar  ser- 
vices performed  by  him  and  shall  be  paid  in  the  same  manner. 


When  and 

how 

established. 


Proviso. 


Further 
proviso. 


County  nor- 
mal board, 
how  con- 
stituted. 


Proviso. 


Normal  board 
duties  of. 


COUNTY  NORMAL  TRAINING  CLASSES. 

An  Act  for  the  establishment  of  county  normal  training  classes  and 
for  the  maintenance  and  control  of  the  same. 

[Act   241,   P.   A.   1903.] 

The  People  of  the  State  of  Michigan  enact: 

(473)  §  5943.     SECTION  1.     Upon  the  notification  by  the 
board  of  education  of  a  district  in  a  county  not  having  a 
state  normal  school  within  its  borders,  that  the  district  and 
the  board  of  supervisors  of  the  county  have  voted  to  estab- 
lish a  county  normal  training  class,  the  state  superintend- 
ent of  public  instruction  may,  subject  to  the  provisions  here- 
in named,  grant  permission  to  establish,  maintain  and  con- 
trol a  county  normal  training  class  for  the  purpose  of  giving 
free  instruction  and  training  in  the  principles  of  education 
and  methods  of  teaching  to  residents  of  the  county:     Pro- 
vided, That  but  one  such  training  class  shall  be  established 
in  any  county:    And,  Provided  further,  That  not  more  than 
ten  such  classes  shall  be  established  in  the  state  in  any  one 
year. 

(474)  §  5944.     SEC.  2.     The  superintendent  of  public  in- 
struction together  with  the  county  commissioner  of  schools 
of  the  county  and  the  superintendent  of  the  schools  in  the 
district  in  which  a  normal  training  class    has    been    estab- 
lished under  the  provisions  of  this  act,  shall  constitute  the 
county  normal  board:     Provided,  That  in  case  the  superin- 
tendent of  the  schools  of  the  district  is  also  commissioner  of 
schools  of  the  county  the  board  of  education  of  the  district 
shall  select  the  third  member  of  the  county  normal  board. 

(475)  §  5945.     SEC.  3.     The  duties  of  the  county  normal 
board  shall  be  as  follows: 

First,  To  determine  the  qualifications  for  admission  to  the 
county  normal  training  class; 

Second,  To  establish  a  one  year  course  of  study  to  be  pur- 
sued, a  year  to  consist  of  not  less  than  thirty-two  weeks  of 
five  days  each; 

Third,  To  grant  certificates  of  graduation  to  such  persons 
as  finish  the  course  adopted  above,  in  such  form  as  the  super- 
intendent of  public  instruction  shall  prescribe. 


Certificates  of 
graduation. 


Am.   1905,  Act  20. 

(476)  §  5946.  SEC.  4.  The  certificates  of 
shall  qualify  the  holder  to  teach  in  the  public 
follows : 


graduation 
schools    as 


GENERAL  SCHOOL  LAWS.  211 

First,  The  certificate  of  graduation  shall  qualify  the  holder 
to  teach  for  three  years  from  date  of  issue  in  any  school  em- 
ploying not  more  than  two  teachers,  in  the  county  in  which 
the  county  normal  training  class  is  situated :  Provided,  That  Proviso. 
any  certificate  shall  become  valid  as  above  specified  in  any 
other  county  when  indorsed  by  the  authority  that  grants  cer- 
tificates in  such  county; 

Second,   A  certificate  of  graduation  may  be  renewed  or  re- 
voked by  a  majority  vote  of  the  county  normal  board. 

Am.  Id. 

(477)      §  5947.     SEC.  5.     For  the  purpose  of  maintaining  Normal 
such  normal  training  classes  as  are  herein  prescribed,  it  is  classes? main- 
further  provided:  tenanceof. 

First,    That  the  district  receiving  permission  to  establish  Districts 
a  county  normal  training  class  shall  provide  teachers,  and  what  to  mgt 
rooms  with  heating  and  equipment  satisfactory  to  the  super- furnish- 
intendent  of  public  instruction,  and  said  board  shall  include 
in  the  expense  budget  of  the  district  such  sum  as   may   be 
necessary  for  these  purposes; 

Second,  That  the  auditor  general  annually,  on  or  before  Teachers- 
the  thirtieth  day  of  June,  upon  the  certificate  of  the  super-  appropriation 
intendent  of  public  instruction  that  the  equipment  and  in-  for- 
struction  of  any  county  normal  training  class  has  been  satis- 
factory, shall  draw  his  warrant  on  the  state  treasurer  in 
favor  of  the  treasurer  of  the  district  board  or  the  board  of 
education  of  the  district  maintaining  such  normal  training 
class  to  the  amount  of  six  hundred  dollars  for  each  teacher 
employed  in  the  training  school,  to  be  paid  out  of  the  gen- 
eral fund :    Provided,  That  in  no  case  shall  the  total  of  such  Proviso. 
appropriation  exceed  twelve  hundred  dollars  in  any  county 
during  any  school  year; 

Third,  In  any  district  establishing  a  county  normal  train-  Cost  of 
ing  class,  the  board  of  education  shall,  previous  to  the  first  ™ 
day  of  October  in  each  year,  estimate  the  cost  of  instruction 
for  the  current  year  in  the  county  normal    training    class, 
and,  deducting  therefrom  the  amount  appropriated  by  the 
foregoing  provisions  of  this  act,  report  the  balance  to  the 
county  clerk  on  or  before  the  first  day  of  October; 

Fourth,    At  its  October  session,  the  board  of  supervisors  Appropriation 
shall  appropriate  out  of  the  general  fund  of  the  county  one- for> 
half  of  the  balance  due  for  instruction,   as  shown  by  the 
aforesaid  report  to  the  county  clerk,  which  amount  shall  be 
assessed  and  collected  at  the  same  time  and  in  the  same  man- 
ner as  the  other  county  taxes :     Provided,  That  in  no  case  Proviso, 
shall  such  appropriation  made  in  any  county  exceed  one-half 
the  amount  appropriated  by  the  state    according    to    the 
provisions  of  this  act.    The  money  so  raised  shall  constitute 
the  county  normal  fund. 

Am.  1905,  Act  20;  1917,  Act  217. 


212 


STATE    OF    MICHIGAN. 


commissioner  (478)  §  5948.  SEC.  6.  On  or  before  the  thirtieth  day  of 
dutyhof°ls>  June  of  each  year,  it  shall  be  the  duty  of  the  county  com- 
missioner of  schools  to  certify  to  the  county  clerk  the  balance 
between  the  total  cost  of  instruction  for  the  current  year 
when  clerk  to  and  the  amount  appropriated  by  the  auditor  general.  Upon 
receipt  of  such  certificate,  the  county  clerk  shall  draw  an 
order  for  one-half  of  the  said  balance  upon  the  county 
treasurer  in  favor  of  the  treasurer  of  the  board  of  education 
of  the  district  establishing  the  normal  training  class:  Pro- 
vided, That  such  order  shall  not  exceed  the  amount  appro- 
priated by  the  board  of  supervisors  according  to  the  provi- 
sions of  this  act. 

Am.  1905,  Act  20. 


draw  order. 


Proviso. 


of  fund. 


SEC*  7*  A11  moneJs  remaining  in  the 
county  normal  fund  upon  the  first  of  September  of  each 
year  shall  be  returned  to  the  general  fund  of  the  county. 


TRADE,  VOCATIONAL,  INDUSTRIAL,  MARINE,  ETC.,  SCHOOLS. 

An  Act  empowering  school  districts  in  the  state  of  Michigan  to  estab- 
lish and  maintain  trade,  vocational,  industrial,  marine  and  manual 
training  schools,  school  gymnasiums  and  scholarships,  and  to  ac- 
cept gifts,  legacies  and  devises. 


Authority  to 
establish,  etc. 


To  acquire 
sites,  build- 
ings, etc. 


Legacies,  etc. 


[Act   22,    P.    A.    1911.] 

The  People  of  the  State  of  Michigan  enact: 

(480)  §  5950.     SECTION  1.    Any  school  district,  with  the 
consent  of  a  majority  of  the  qualified  electors  voting  at  any 
annual  meeting  of  such  district  or  at  any  special  meeting 
thereof  duly  called  for  the  purpose,  shall  through  its  school 
board  have  power  to  establish,  conduct  and  maintain  trade, 
industrial,  marine,  vocational  and  manual   training   schools 
and  school  gymnasiums  within  said  school  district;  to  con- 
trol and  classify  and  to  restrict  the  number  of  pupils  and 
the  terms  of  their  attendance  therein ;  to  prescribe  the  course 
of  studies  and  wrork  and  to  employ  the  necessary  teachers 
and  instructors  therein;  to  acquire  the  necessary  sites;  to 
acquire,  construct  and  provide  the  necessary  buildings  and 
equipments,  books  and  supplies  therefor;  to  defray  the  cost 
and  expense  thereof  by  general  tax  upon  the  taxable  prop- 
erty of  said  school  district,  and  to  issue  the  bonds  of  said 
school  district  to  meet  any  temporary  loans  required  for  any 
of  the  purposes  aforesaid. 

(481)  §  5951.     SEC.  2.     Said  school  district  with  the  like 
consent  shall  through  its  school  board  have  power  to  accept 
and  use,  care  for,  control,  invest  and  keep  invested  as  perma- 


GENERAL  SCHOOL  LAWS.  213 


nent  funds  any  gifts,  legacies  or  devices  whatsoever,  hereto- 
fore or  hereafter  made  to  said  school  district  for  any  of  said 
above  named  purposes,  or  for  university  or  college  scholar- 
ships or  for  general  school  objects,  and  to  carry  into  effect 
the  terms  and  conditions  thereof.    All  permanent  and  endow-  Endowment 
ment  funds  shall  be  under  the  control  of  said  school  board. 
Any  action  of  said  school  district  and  of  its  school  board  here-  %$£$£ 
tofore  taken  with  respect  to  any  gifts,  legacies  or  devises  fegaified. 
already  made  to  said  school  district  for  trade  and  industrial 
school  and  scholarship  purposes  is  hereby  legalized. 


ACQUISITION  OF  LANDS. 

An  Act  to  authorize  boards  of  education  to  acquire  and  control  lands 
for  sites  for  school  houses,  agricultural  sites,  athletic  fields  and 
play-grounds,  and  to  establish,  equip  and  maintain  trade  and  other 
vocational  schools  and  to  acquire  lands  for  such  purpose  outside  the 
district  limits. 

[Act  222,   P.   A.   1911.] 

The  People  of  the  State  of  Michigan  enact: 

(482)  §  5952.  SECTION  1.  The  board  of  education  of  any  Districts,  to 
organized  school  district  containing  a  population  of  one 
hundred  thousand  or  more  shall  have  full  power  and  author- 
ity to  locate,  purchase  or  lease,  in  the  name  of  the  district, 
such  site  or  sites  for  school  houses,  agricultural  sites,  athletic 
fields  and  play-grounds  as  may  be  necessary  out  of  the  funds 
provided  for  that  purpose,  and  may  make  sale  of  any  site 
or  other  property  of  the  district  which  is  no  longer  required 
for  school  purposes,  and  may  also  establish,  equip  and  main- 
tain  agricultural,  trade  and  other  vocational  schools,  and  if  ec., schools'. 
deemed  necessary  by  such  board  may  acquire  land  for  such 
purpose  outside  the  district  limits. 


COUNTY  SCHOOLS  OF  AGRICULTURE. 

An  Act  to  provide  for  the  establishment  of  county  schools  of  agri- 
culture, manual  training  and  domestic  economy. 

[Act   35,   P.   A.   1907.] 

The  People  of  the  State  of  Michigan  enact: 

(483)      §  5953.     SECTION  1.     The  board  of  supervisors  of  Duty  of 
any  county  is  hereby  authorized  to  appropriate  money  for 
the  organization,  equipment  and  maintenance  of  any  county 


214 


STATE    OF    MICHIGAN. 


Proviso, 
election. 


To  issue 
bonds,  etc. 


Submission 
to  electors. 


school  of  agriculture,  manual  training  and  domestic  econo- 
my: Provided,  That  upon  petition  of  not  less  than  ten  per 
cent  of  the  qualified  electors  of  any  county,  said  ten  per  cent 
shall  be  determined  by  the  total  number  of  votes  cast  for 
secretary  of  state  at  the  last  preceding  November  election, 
and  the  board  of  supervisors  shall  submit  the  question  of  the 
establishment  of  a  county  school  of  agriculture,  manual 
training  and  domestic  economy  at  a  general  election  or  a 
special  election  called  for  that  purpose.  If  a  majority  of 
the  electors  voting  upon  such  proposition  shall  vote  in  favor 
of  the  establishment  of  such  school,  it  shall  be  the  duty  of 
the  board  of  supervisors  to  provide  for  the  organization, 
equipment  and  maintenance  of  such  school  as  in  this  act  pro- 
vided. Whenever  the  board  of  supervisors  of  the  county 
shall  by  a  two-thirds  vote  of  all  members  elect,  resolve  to 
contract  indebtedness  or  issue  bonds  to  raise  money  for  the 
organization,  equipment  and  maintenance  of  such  school, 
the  question  shall  be  submitted  to  the  vote  of  the  electors 
of  the  county  at  a  general  or  special  election  to  be  called  for 
that  purpose.  Notice  of  the  submission  of  such  resolution 
to  the  vote  of  the  electors  and,  in  case  a  special  election  is 
called,  notice  of  the  calling  of  such  special  election  shall  be 
given  in  the  same  manner  and  for  the  same  length  of  time 
as  is  now  prescribed  by  law  for  general  elections.  If  a  ma- 
jority of  the  electors  of  the  county,  voting  on  such  resolution, 
shall  vote  in  favor  thereof,  it  shall  be  deemed  to  have  carried. 
The  returns  of  the  election  herein  provided  for  shall  be  can- 
vassed and  the  results  declared  in  the  same  manner  and  by 
the  same  officers  as  is  provided  by  general  law  for  canvass- 
ing the  returns  of  and  declaring  the  results  in  city,  county 
and  district  elections.  The  manner  of  stating  the  question 
upon  the  ballots  shall  be  prescribed  by  the  resolution  of  the 
board  of  supervisors. 

Am.  1913,  Act  361. 

1        '  .i 

County  school  (484)  §  5954.  SEC  2.  A  board  to  be  known  as  the  county 
school  board  is  hereby  created,  which  shall  have  charge  and 
control  of  all  matters  pertaining  to  the  organization,  equip- 
ment and  maintenance  of  such  schools,  except  as  otherwise 
provided  by  law.  Said  board  shall  consist  of  five  members, 
one  of  whom  shall  be  the  county  commissioner  of  schools 
of  the  county  or  district  in  which  the  school  is  located.  The 
other  members  of  the  board  shall  be  elected  by  the  board  of 
supervisors,  one  for  one  year,  one  for  two  years,  one  for 
three  years  and  one  for  four  years,  and  thereafter  one  mem- 
ber of  the  board  shall  be  elected  annually  for  the  full  term 
of  four  years  from  the  date  of  the  expiration  of  the  term 
about  to  become  vacant,  but  no  member  of  the  board  of  super- 
visors shall  be  eligible.  Vacancies  existing  in  the  board  from 
whatever  cause,  except  in  the  case  of  the  county  commis- 
sioner, shall  be  filled  by  appointment  made  by  the  chairman 


Of  whom 
composed 


Vacancies, 
how  filled. 


GENERAL  SCHOOL  LAWS.  215 

of  the  board  of  supervisors,  if  the  board  of  supervisors  is 
not  in  session  when  such  vacancy  occurs.     If  the  board  of 
supervisors  is  in  session,  vacancies  shall  be  filled  by  election 
by  said  board  for  the  unexpired  term.     Appointments  made 
by  the  chairman  of  the  board  of  supervisors,  as  hereinbefore 
specified,  shall  be  for  the  period  of  time  until  the  next  regu- 
lar meeting  of  the  board  of  supervisors.     Each  person  ap-  oath,  where 
pointed  or  created  a  member  of  the  county  school  board  shall,  ni 
within  ten  days  after  the  notice  of  such  appointment,  take 
and  subscribe  an  oath,  to  support  the  constitution  of  the 
United  States  and  the  constitution  of  Michigan,  and  honestly, 
faithfully  and  impartially  to  discharge  his  duties  as  a  mem- 
ber of  said  board,  to  the  best  of  his  ability,  which  oath  shall 
be  filed  in  the  office  of  the  county  clerk.    He  shall  also,  with-  Bond. 
in  the  same  time,  file  a  bond  in  such  sum  as  may  be  fixed 
by  the  board  of  supervisors,  which  bond  shall  be  filed  in  the 
office  of  the  county  clerk.    Within  fifteen  days,  after  the  ap-  organization 
pointment  of  said  board,   the  members  thereof  shall  meet  of  °oard- 
and  organize  by  electing  one  of  their  number  as  president. 
The  county  commissioner  of  schools  shall  be  ex-ofiScio  secre- 
tary of  the  said  board.     The  board  hereafter  created  shall 
prescribe  the  duties  of  the  several  officers  except  as  fixed  by 
law. 

(485)  §  5955.     SEC.  3.     Whenever  two  or  more  counties  Proceedings 
unite  in  establishing  such  a  school,  the  provisions  of  section  Sore  counties 
two  of  this  act  shall  apply  to  the  organization  of  the  county  "abifsMnes~ 
school  board,  and  to  filling    vacancies    therein:     Provided,  proviso. 
That  the  county  commissioner  of  the  county  in  which  the 

school  is  located  shall  be  a  member  of  the  board  and  ex-officio 
its  secretary;  and  two  members  shall  also  be  elected  from 
each  county  by  the  board  of  supervisors  thereof,  one  for  one 
year  and  one  for  two  years,  and  thereafter  one  member  of 
the  board  shall  be  elected  annually  in  each  county  for  the 
full  term  of  two  years,  but  no  member  of  the  county  board 
of  supervisors  shall  be  eligible. 

(486)  §  5956.     SEC.  4.     Whenever  two  or  more  counties  county  school 
shall  unite  in  establishing  and  maintaining  a  school   under  por\rfin°ex-P 
the  provisions  of  this  act,  the  county  school  board  herein  Penses- 
provided  shall,  on  or  before  the  first  day  of  October  in  each 

year,  determine  the  amount  of  money  necessary  for  the 
equipment  and  maintenance  of  said  school  for  the  ensuing 
year,  which  said  amount  they  shall  apportion  among  the 
counties  in  proportion  to  the  assessed  valuation  of  each 
county  as  last  fixed  by  the  state  board  of  equalization  and 
shall  report  their  estimate  and  apportionment  to  the  county 
clerk  of  each  county,  who  shall  lay  said  report  before  the 
board  of  supervisors  at  its  annual  meeting.  The  amount  so  Tax  levy. 
apportioned  to  each  county  shall  be  levied  by  the  board  of 
supervisors  of  such  county,  as  a  portion  of  the  county  tax 
for  the  ensuing  year,  for  the  support  of  the  said  school. 


216 


STATE    OF    MICHIGAN. 


Treasurer  of 
board,  duties. 


Instruction 
to  be  given. 


School  to 
have  land. 


School  to  be 
free. 


"  Special 


Superintend- 
ent of  public 
instruction, 
duty  of. 


President 

agricultural 

college. 

Proviso  as  to 
superintend- 
ent of  school. 


Schools,  when 
placed  upon 
approved  list. 


(487)  §  5957.    SEC.  5.    The  county  treasurer  of  the  county 
in  which  said  school  is  located  shall  be  ex-officio  treasurer  of 
said  board;  all  moneys  appropriated  and  expended  under  the 
provisions  of  this  act  shall  be  expended  by  the  county  school 
board  and  shall  be  paid,  by  the  said    county    treasurer    on 
orders  issued  by  said  board  or  in  counties  having  a  board  of 
county  auditors,  by  such  auditors,  and  all  moneys  received 
by  said  board  shall  be  paid  to  the  said  county  treasurer  for 
the  fund  of  the  county  school  board. 

(488)  §  5958.-    SEC.  6.     In  the  county  schools  of  agri- 
culture and  domestic  economy  organized  under  the  provi- 
sions of  this  act,  instruction  shall  be  given  in  the  elements 
of  agriculture  including  instruction  concerning  the  soil,  the 
plant  life,  and  the  animal  life  of  the  farm;  a  system  of  farm 
accounts   shall   also   be  taught;   instructions   shall   also   be 
given  in  manual  training  and  domestic  economy  and  such 
other  related  subjects  as  may  be  prescribed. 

(489)  §  5959.     SEC.  7.    Each- such  school  shall  have  con- 
nected with  it  a  tract  of  land  suitable  for  purposes    of   ex- 
periment and  demonstration,  of  not  less  than  ten  acres  in 
area. 

(490)  §  5960.     SEC.  8.     The  schools  organized  under  the 
provisions  of  this  act  shall  be  free  to  the  inhabitants  of  the 
county  or  counties  contributing  to  their  support,  who  shall 
be  qualified  to  pursue  the  course  of  study  as  prescribed  by 
the  school  board.     Whenever  students  of  advanced  age  de- 
sire admission  to  the  school  during  the  winter  months  in 
sufficient  number  to  warrant  the    organization    of    special 
classes  for  their  instruction,  such  classes  shall  be  organized 
and  continued  for  such  time  as  their  attendance  may  make 
necessary. 

(491) "  §  5961.  SEC.  9.  The  state  superintendent  of  pub- 
lic instruction  shall  give  such  information  and  assistance  and 
establish  such  requirements  as  may  seem  necessary  for  the 
proper  organization  and  maintenance  of  such  schools,  and, 
with  the  advice  of  the  president  of  the  Michigan  state  agri- 
cultural college,  determine  the  qualifications  required  of 
teachers  employed  in  such  schools:  Provided,  That  no  per- 
son shall  be  eligible  to  a  position  as  superintendent  of  any 
school  established  under  this  act,  who  is  not  a  graduate  of 
a  state  college  of  agriculture.  The  state  superintendent  of 
public  instruction  shall  have  the  general  supervision  of  all 
schools  established  under  this  act;  shall  from  time  to  time 
inspect  the  same,  make  such  recommendations  relating  to 
their  management  as  he  may  deem  necessary,  and  make  such 
report  thereon  to  said  schools  as  shall  give  full  information 
concerning  their  number,  character  and  efficiency. 

(492)  §  5962.  SEC.  10.  Any  school  established  under  -the 
provisions  of  this  act,  whose  course  of  study  and  the  quali- 
fications of  whose  teachers  have  been  approved  by  the  super- 
intendent of  public  instruction  and  the  president  of  the 


GENERAL  SCHOOL  LAWS.  217 

Michigan  state  agricultural  college,  and  which  shall  have  ex- 
pended at  least  twenty  thousand  dollars  in  buildings  and 
equipment,  and  shall  have  acquired  title  to  at  least  eighty 
acres  of  land  to  be  used  in  connection  with  said  school,  may, 
upon  application,  be  placed  upon  the  approved  list  of  county 
schools  of  agriculture,  manual  training  and  domestic  econo- 
my. A  school  once  entered  upon  said  list  may  remain  listed 
and  be  entitled  to  state  aid  so  long  as  the  scope  and  character 
of  its  work  are  maintained  in  such  manner  as  to  meet  the 
approval  of  the  superintendent  of  public  instruction.  On  Annual  report. 
the  first  day  in  July  of  each  year  the  secretary  of  each  county 
school  board  maintaining  a  school  on  the  approved  list  shall 
report  to  the  superintendent  of  public  instruction,  setting 
forth  the  facts  relative  to  the  cost  of  maintaining  the  school, 
the  character  of  the  work  done,  the  number  and  names  of 
teachers  employed,  and  if  more  than  one  county  contributes 
to  the  support  of  such  school,  the  amount  so  contributed  by 
each  county  and  such  other  matters  as  may  be  required  by 
the  county  school  board  or  the  said  superintendent.  Upon 
the  receipt  of  such  report,  if  it  shall  appear  that  the  school 
has  been  maintained  in  a  satisfactory  manner  for  a  period 
of  not  less  than  eight  months  during  the  year,  closing  on 
the  thirtieth  day  of  the  preceding  June,  the  said  superin- 
tendent shall  make  a  certificate  to  that  effect  and  file  it  with 
the  auditor  general.  Upon  receiving  such  certificate,  the  Amount 
auditor  general  shall  draw  his  warrant  payable  to  the  treas-  c 
urer  of  the  county  maintaining  such  school  for  a  sum  equal 
to  two-thirds  the  amount  actually  expended  for  maintaining 
such  school  during  the  year :  Provided,  That  the  total  sum  Proviso, 
so  apportioned  shall  not  exceed  four  thousand  dollars  to  any 
one  school  in  any  one  year :  Provided  further,  That  any  such 
school  receiving  state  aid  shall  be  free  to  the  inhabitants  of 
the  state  on  such  terms  as  may  be  provided  by  said  board 
and  the  superintendent  of  public  instruction.  When  more 
than  one  county  has  contributed  to  the  support  of  the  school, 
the  auditor  general  shall  draw  his  warrant  payable  to  the 
treasurer  of  each  county  for  such  portion  of  the  state  aid 
as  the  amount  contributed  by  his  county  is  part  of  the  total 
amount  contributed  by  all  the  counties  for  the  support  of 
the  school  for  the  preceding  year.  The  auditor  general  shall  Tax  clause- 
annually,  beginning  in  the  year  nineteen  hundred  thirteen, 
include  and  apportion  in  the  state  tax  such  sum  as  shall 
have  been  so  paid. 

Added  1909,  Act  219;  Am.  1911,  Act  29;  1913,  Act  12. 


218 


STATE    OP    MICHIGAN. 


RURAL  AGRICULTURAL  SCHOOLS. 

An  Act  to  provide  for  the  establishment  of  rural  agricultural  schools 
by  consolidating  three  or  more  rural  schools  in  any  township  or 
school  district;  for  the  organization  of  school  districts  in  certain 
cases;  for  teaching  agriculture,  manual  training  and  home  econom- 
ics therein,  and  providing  state  aid  for  the  maintenance  thereof. 

[Act  226,   P.   A.   1917.] 


Establish- 
ment of. 


Division  of, 
into  classes. 


Referendum 
on  consolida- 
tion. 


Notice  of 
election. 


Proviso, 
petition 
asking  for 
submission. 


The  People  of  the  State  of  Michigan  enact: 

(493)  SECTION  1.     Three  or  more  rural    schools    which 
have  been  or  may  hereafter  be  consolidated  and  in  which  the 
teaching  of  agriculture,  manual  training  and  home  economics 
shall  or  may  be  established  as  part  of  the  regular  courses 
of  study,  shall  be  known  as  rural  agricultural  schools  and 
shall  be  entitled  to  state  aid  for  the  maintenance  thereof, 
if  built,  equipped,  and  managed  as  provided  for  in  this  act. 

(494)  SEC.  2.     Such  rural  agricultural  schools  shall  be 
divided  into  two  classes,  viz. : 

(a)  Class    (a)    shall  include  rural    agricultural    schools 
with  less  than  twenty  acres  of  ground  and  having  a  corps 
of  teachers  consisting  of  one  principal  and  two  or  more  teach- 
ers who  are  engaged  to  teach  during    not    less    than    nine 
months  in  any  one  year. 

(b)  Class    (b)    shall  include  rural    agricultural    schools 
with  twenty  or  more  acres  of  ground  used  partly  or  wholly 
for  the  teaching  of  practical  agriculture  and  animal  hus- 
bandry and  having  a  corps  of  teachers  consisting  of  one  prin- 
cipal, who  is  engaged  for  a  year  of  twelve  months,  and  of 
two  or  more  teachers  who  are  engaged  during  not  less  than 
ten  months  in  any  one  year. 

(495)  SEC.  3.     Whenever  any  district  or  township  school 
board  or  boards  deem  it  advisable  to  establish  a  rural  agricul- 
tural school  by  consolidating  three  or  more  rural  schools,  they 
may  submit  the  question  of  consolidating  to  the  qualified  vot- 
ers of  such  district  or  districts,  or  township  or  townships, 
either  at  the  annual  school  election  or  at  a  special  election 
held  for  such  purpose,  notice  thereof  in  either  case  being  given 
not  less  than  twenty  days  prior  to  the  time  of  holding  such 
election,  by  posting  three  or  more  notices  in  each  district 
or  township  affected  and  by  publication    in    a    newspaper, 
if  any  is  published  in  such  district  or  districts,  or  township 
or  townships:    Provided,  Such  question  shall  be  submitted 
and  notice  given  as  above  stated  whenever  ten  per  cent  or 
more  of  the  resident  electors  of  such  districts  or  townships 
affected,  who  are  qualified  to  vote  at  school  elections,  shall 
sign  and  file  with  their  respective  district  or  township  school 
boards,  a  petition  or  petitions  asking  that  such  question  be 
submitted  at  the  next  annual  school  election  or  at  a  spe- 
cial election  to  be  held  for  such  purpose. 


GENERAL  SCHOOL  LAWS.  219 


(496)  SEC.  4.     If  the  election  mentioned  in  section  three  Board  of 
is  to  be  held  in  school  districts  having  no  school  board  or  efection°of. 
township  board  of  education  either  composed  of  five  mem- 
bers, there  shall  be  elected  at  the  same  time  five  members 

who  shall  constitute  the  board  of  education  of  such  consoli- 
dated school  district  or  districts,  and  who  shall  hold  office 
one  for  one  year,  two  for  two  years  and  two  for  three  years : 
Provided,  If  such  members  are  elected  at  a  special  election  Proviso. 
the  one  who  is  elected  for  one  year  shall  hold  office  until 
the  next  annual  school  election,  and  thereafter  all  members 
of  said  board  of  education  shall  be  elected  for  three  years. 
If  such  election  is  held  in  two  or  more  school  districts,  the 
school  boards  of  such  districts  shall  canvass  the  vote  in  their 
respective  districts  and  make  returns  thereof  to  the  board  Returns, 
of  education  of  such  consolidated  district,  and  if  a  majority  whe 
of  the  electors  of  such  districts  vote  in  favor  of  consolidat- 
ing, the  said  board  of  education  shall  give  notice  t6  that  ef- 
fect to  the  county  commissioner  of  schools  and  the  super- 
intendent of  public  instruction  within  five  days  after  such 
election  has  been  held,  and  the  said  board  shall  .organize 
within  said  five  days  by  electing  a  president,  secretary  and 
treasurer. 

(497)  SEC.  5.     Within  ten  days  after  the  vote  mentioned  Funds,  etc., 
in  section  four  shall  have  been  declared  carried,   the   funds  disposition  of. 
and  property  of  each  school  district  shall  be  turned  over  to 

the  board  of  education  of  such  consolidated  district,  but  no 
indebtedness  of  any  one  district  shall  be  assumed  by  such 
consolidated  district. 

(498)  SEC.  6.    Any  school  district  formed  under  the  pro- 
visions of  this  act  shall  be  subject  to  all  the  provisions  of 
act  number  one  hundred  seventeen   of  the  Public  Acts  of 
Michigan  of  the  year  nineteen  hundred  nine  and  to  the  gen- 
eral laws  of  this  state,  as  the  same  may  now  exist  or  be  here- 
after altered  or  amended  so   far  as  the  same  shall  be  ap- 
plicable and  not  inconsistent  with  the  provisions  of  this  act. 

(499)  SEC.  7.     Rural  agricultural  school  buildings  shall  f^ho(j}  ^ujjd' 
be  community  centers  and  be  available  to  residents  of  the  for  meeting's. 
district  or  township  for  meetings  after  school  hours  or  when 

school  is  not  in  session,  and  the  board  of  education  shall 
grant  the  use  thereof  providing  such  meetings  are  not  held 
for  political  or  religious  purposes.  A  janitor  shall  be  en- 
gaged for  the  entire  year  to  care  for  buildings  and  grounds 
during  school  hours  and  when  public  meetings  are  held. 

(500)  SEC.  8.     Plans  for  rural  agricultural  school  build- Buiwing 
ings  shall  be  approved  by  the  superintendent  of  public  in-  proval  of. 
struction.     Such   buildings  shall  be  erected  by  advertising 

for  sealed  bids  and  shall  contain  six  or  more  rooms,  one 
assembly  room  or  two  rooms  with  removable  partition.  They 
shall  be  properly  ventilated,  have  an  ample  water  supply, 
toilets  with  proper  sewerage,  a  central  heating  and  lighting 
plant,  a  library  and  suitable  equipment  and  apparatus  for 


220 


STATE    OF    MICHIGAN. 


Vehicles  for 
transporta- 
tion of 
pupils. 

Proviso. 


the  'teaching    of    agriculture,'  manual    training    and    home 
economics. 

(501)  SEC.  9.    The  board  of  education  shall  provide  a  suf- 
ficient number  of  vehicles  for  the  transportation  of  pupils 
from  ?.nd  to  their  homes  and  shall  designate  the  routes  over 
which  such  vehicles  are  to  travel:    Provided,  That  no  pupils 
shall  be  compelled  to  walk  farther  than  one  mile  from  their 
homes  to  the  nearest  route.     Such  vehicles  shall  be  of  ample 
capacity,  shall  be  enclosed  to  keep  out  rain  or  snow  and  be 
provided  with  robes  or  foot  warmers  during  cold  weather. 
In  case  less  than  six  pupils  reside  on  or  near  any  one  route, 
such  pupils  may  be  boarded  at  some  convenient  place  if  the 
cost  is  less  than  the  cost  of  transportation. 

(502)  SEC.  10.     Teachers  in  home  economics  shall  have 
teachers'  life  certificates  and  be  graduates  of  or  have  taken 
a  sufficient  course  in  college  or  normal  school,  where  science 
in  home  economics  is  taught.    Certificates  shall  be  endorsed 
by  the  superintendent  of  public  instruction  or  president  of 
college  or  normal  school. 

(503)  SEC.   11.     Grade    teachers    in    rural    agricultural 
schools  shall,  in  addition  to  the  regular  teachers'  certificates, 
hold  a  certificate  from  either  college,  state  or  county  normal 
school  showing  that  the  course  of  studies  included  the  sub- 
ject of  agriculture. 

(504)  SEC.   12.     The  principal  in  class   (a)   shall  hold  a 
teachers'  life  certificate   and  be  qualified  to  teach  the  ele- 
ments of  agriculture  and  manual  training  as  determined  by 
such  tests  as  may  be  required  by  the  superintendent  of  pub- 
lic instruction  and  the  president  of  the  Michigan  agricultural 
college.     Before  entering  into  a  contract  he  shall  have  writ- 
ten  endorsement   of  qualifications   attached   to   the  regular 
certificate. 

(505)  SEC.  13.     The  principal  in  class   (b)    shall  hold  a 
teachers'  life  certificate  and  have  not  less  than  two  years' 
successful  experience  in  other  schools.  He  shall  have  prac- 
tical experience  in  farm  work    and    be    either  a   graduate 
from  any  state  agricultural  college  or  a  state  normal  school 
having  a  course  in  agriculture  or  have  a  certificate  from  such 
college  or  normal  school  showing  that  he  has  taken  a  course 
of  not  less  than  two  years  in  such  college  or  normal  school 
and  is  qualified  to  teach  agriculture  and  manual  training. 
During  the  two  months  when  school  is  not  in  session,  he  shall 
supervise  boys'  and  girls'  club  work  as  carried  on  by  the 
United    States   Department   of  Agriculture   in    co-operation 
with  the  Michigan  agricultural  college;    he  shall  assist  in 
supervising  farm  demonstrations  which  may  be  carried  on  in 
his  district  and  he  shall  give  such  assistance  and  advice  as 
may  be  required  by  farmers  in  such  districts. 

(506)  SEC.  14.    As  state  aid  to  assist  in  the  maintenance 
of  rural  agricultural  schools,  each  of  such  schools  shall  be 
entitled  to  receive  two  hundred  dollars  a  year  for  each  ve- 


Home 
economics, 
certificates  of 
teachers  in. 


Grade 
teachers. 


Principal, 
class  (a). 


Class  (b). 


State  aid. 


GENERAL  SCHOOL  LAWS.  221 


hide  used  for  the  transportation  of  pupils.  In  addition 
thereto  class  (a)  schools  shall  be  entitled  to  receive  the  sum 
of  six  hundred  dollars  a  year  and  class  (b)  schools  shall 
be  entitled  to  receive  the  sum  of  nine  hundred  dollars  a  year. 

(507)  SEC.  15.     Whenever  rural  agricultural  schools  are  Notice  given 
built  and  equipped   and  qualified  teachers  are  engaged  as  StabiShed?8 
specified  in  this  act,  the  president  and  secretary  of  the  board 

of  education  having  control  of  such  schools,  shall  notify  the 
superintendent  of  public  instruction,  specifying  the  location 
of  said  schools,  the  number  of  rooms  contained  therein  and 
the  equipment  thereof,  the  number  of  acres  of  land  connect- 
ed therewith  and  in  possession  of  the  township  or  consoli- 
dated district,  the  number  of  teachers  engaged  and  their  re- 
spective qualifications,  the  number  of  school  months  for  which 
said  teachers  and  principal  have  been  engaged,  the  barns  and 
kinds  of  livestock,  if  any,  and  the  number  of  vehicles  engaged 
for  the  transportation  of  pupils. 

(508)  SEC.   10.     Within  thirty  days  after  receiving  the  Approval. 
notice  mentioned   in   section   fifteen,   the   superintendent  of 
public  instruction  shall  satisfy  himself  that  such  rural  agri- 
cultural school  has  been  erected  and  equipped  as  provided  for 

in  this  act.    If  unable  to  inspect  said  school,  he  shall  request  inspection. 
such  inspection  to  be  made  within  said  thirty  days  by  the 
commissioner  of  schools  of  the  county  in  which  said  rural 
agricultural  school  is  located,  and  he  shall  thereupon  send  Copy  of 


to  the  auditor  general  a  copy  of  the  aforesaid  notice  with  his  en 


endorsement,  showing  that  said  rural  agricultural  school  has  eeneral- 
been  built  and  equipped  as  provided  for  in  this  act,  and  that 
such  township  or  consolidated  district  is  entitled  to  receive 
the  state  aid  specified  for  either  class  (a)  or  class  (b),  as 
the  case  may  be  and  as  mentioned  in  section  fourteen  of  this 
act. 

(509)  SEC.  17.     There  is  hereby  appropriated  out  of  the  Appropriation. 
moneys  in  the  treasury  to  the  credit  of  the  general  fund  not 
otherwise   appropriated,   the   sum   of   five   thousand    dollars 

for  the  fiscal  year  ending  June  thirty,  nineteen  hundred 
eighteen,  and  the  sum  of  ten  thousand  dollars  annually  there- 
after, or  so  much  thereof  as  may  be  necessary  for  car- 
rying on  the  purposes  of  this  act.  The  annual  amount  which 
any  rural  agricultural  school  may  be  entitled  to  shall  be 
paid  in  quarterly  installments  to  the  treasurer  of  the  board 
of  education  of  the  district  or  township  in  which  said  rural 
agricultural  school  is  located. 

(510)  SEC.  18.     The  auditor  general  shall  incorporate  in  Tax  clause. 
the  state  tax  for  the  year  nineteen  hundred  seventeen,  the 

sum  of  five  thousand  dollars,  and  for  the  year  nineteen  hun- 
dred eighteen  and  each  year  thereafter  the  sum  of  ten  thou- 
sand dollars,  which  sums,  when  collected  shall  be  credited 
to  the  general  fund  to  reimburse  the  same  for  the  moneys 
hereby  appropriated. 


222 


STATE    OP    MICHIGAN. 


Statement  to 
legislature. 


(511)  SEC.  19.  The  auditor  shall  hereafter  send  to  the 
legislature  a  statement  showing  the  number  and  location  of 
rural  agricultural  schools  receiving  state  aid,  the  total 
amount  of  such  state  aid  and  the  number  and  location  of 
rural  agricultural  schools  applying  for  and  not  yet  receiv- 
ing such  state  aid. 


Agricultural 
instruction, 
etc.,  super- 
visors may 
appropriate 
money  for. 


How  used. 


Board  of 
agriculture 
to  co-operate. 


An  Act  to  authorize  the  board  of  supervisors  of  each  county  to  ap- 
propriate or  raise  money  by  tax  for  the  encouragement  of  im- 
proved methods  of  farm  management  and  practical  instruction  and 
demonstration  in  agriculture. 

[Act  3,   P.   A.   1912    (Sec.   Ex.    Sess.).] 

The  People  of  the  State  of  Michigan  enact: 

(512)  §  1287.  SECTION  1.  The  board  of  supervisors  of  each 
county  is  hereby  authorized  to  appropriate  or  raise  money  by 
tax  to  be  used  for  co-operative  work  with  the  Michigan  agri- 
cultural college  in  encouraging  improved  methods  of  farm 
management  and  practical  instruction  and  demonstration  in 
agriculture.  It  shall  be  the  duty  of  each  board  of  super- 
visors making  an  appropriation,  or  of  any  county  in  which 
any  money  shall  be  raised  for  the  purposes  of  this  act,  prior 
to  the  time  same  is  available  for  use,  to  prescribe  rules  and 
regulations  for  the  use  and  expenditure  of  same.  The  money 
so  appropriated  or  raised  by  tax  shall  be  used  and  expended 
under  the  direction  of  the  board  of  supervisors  in  co  opera- 
tion with  the  Michigan  agricultural  college.  No  part  of  any 
money  so  appropriated  or  raised  shall  be  used  to  compensate 
or  pay  the  expenses  of  any  representative  of  the  Michigan 
agricultural  college.  It  shall  be  the  duty  of  the  state  board 
of  agriculture  to  co-operate  with  each  board  of  supervisors 
appropriating  money,  or  of  any  county  in  which  money  is 
raised  by  tax  under  authority  of  this  act,  and  render  such  as- 
sistance as  may  be  necessary  to  aid  in  carrying  out  the  pro- 
visions of  this  act. 


Legislative 
assent  given. 


An  Act  giving  the  assent  of  the  legislature  of  the  state  of  Michigan  to 
the  grant  of  moneys  from  the  United  States  by  act  of  congress  ap- 
proved May  eight,  nineteen  hundred  fourteen,  entitled  "An  act  to 
provide  for  co-operative  agricultural  extension  work  between  the 
agricultural  colleges  in  the  several  states  receiving  the  benefits  of 
an  act  of  congress  approved  July  two,  eighteen  hundred  sixty-two, 
and  of  acts  supplementary  thereto,  and  the  United  States  depart- 
ment of  agriculture,"  and  designating  the  officer  to  whom  the  pay- 
ments are  to  be  made. 

[Act   65,   P.   A.    1915.] 

The  People  of  the  State  of  Michigan  enact: 

(513)  §  1272.  SECTION  1.  The  legislative  assent  required  by 
section  three  of  an  act  of  congress,  approved  May  eight,  nine- 
teen hundred  fourteen,  being  an  act  entitled  "An  act  to  pro- 


GENERAL  SCHOOL  LAWS.  223 


vide  for  co  operative  agricultural  extension  work  between  the 
agricultural  colleges  in  the  several  states  receiving  the  bene- 
fits of  an  act  of  congress  approved  July  two,  eighteen  hun- 
dred sixty-two,  and  of  acts  supplementary  thereto,  and  the 
United  States  department  of  agriculture,"  is  hereby  granted, 
and  the  moneys  thereby  given  are  accepted  under  the  terms 
and  conditions  expressed  in  the  act  of  congress  aforesaid. 

(514)  §  1273.  SEC.  2.  The  moneys  derived  by  authority  of 
said  act  shall  be  exclusively  used  in  support  of  co  operative 
agricultural  extension  work,  to  be  carried  on  by  Michigan 
agricultural  college,  and  the  secretary  of  the  state  board  of 
agriculture  is  hereby  designated  as  the  officer  to  whom  such 
funds  should  be  paid. 


An  Act  to  accept  the  requirements  and  benefits  of  an  act  of  congress 
approved  February  twenty-three,  nineteen  hundred  seventeen,  re- 
lating to  appropriations  to  be  made  by  the  federal  government  to 
the  several  states  for  the  support  and  control  of  instruction  in 
agriculture,  the  trades,  industries  and  home  economics,  and  for 
the  preparation  of  teachers  of  vocational  subjects;  to  designate  a 
state  board  of  control  for  vocational  education;  to  provide  for  the 
proper  custody  and  administration  of  funds  received  by  the  State 
from  such  appropriations;  and  to  provide  for  appropriations  by 
the  state  and  by  local  school  authorities  to  meet  the  conditions  of 
said  act  of  congress. 

[Act  189,  P.  A.   1917.] 

The  People  of  the  State  of  Michigan  enact: 

(515)  SECTION  1.     The  provisions  of  an  act  of  congress  Act  of 
enacted  by  the   sixty-fourth  congress  in  the  second  session  con&ress- 
thereof,   entitled  "An  act  to  provide  for  the  promotion  of 
vocational  education;   to  provide  for  co-operation  with  the 
states  in  the  promotion  of  such  education  in  agriculture  and 

the  trades  and  industries ;  to  provide  for  co-operation  with  the 
states  in  the  preparation  of  teachers  of  vocational  subjects 
and  to  appropriate  money  and  regulate  its  expenditure," 
are  hereby  accepted  by  the  state  of  Michigan  as  follows:  Provisions 

(a)  Appropriations   for  the  salaries  of   teachers,   super- a 
visors   or   directors   of  agricultural  and  home  economic  sub- 
jects. 

(b)  Appropriations  for  the  salaries  of  teachers  of  voca- 
tional and  industrial  subjects. 

(c)  Appropriations  for  the  training  of  teachers  of  voca- 
tional subjects. 

(516)  SEC.  2.     The  benefits  of  all  funds  appropriated  by  Apportion- 
the  federal  government  under  the  provisions  of  said  act  are  m 
hereby  accepted   as  provided   in   said   act   and  provision  is 
herein  made  under  which  the  state  of  Michigan  will  meet 

such  appropriations  and  provisions :   Provided,  however,  That  Proviso. 
the  provisions  of  this  act  shall  apply  only  until  the  next 
regular  session  of  the  legislature. 


224 


STATE    OF    MICHIGAN. 


State  Board 
of  control. 


Expenditures. 


Custody  of 
funds. 


Annual  report, 


Buildings  and 
equipment. 


Salaries. 


Sum  equal. 


Rules,  etc. 


Executive 
officer  of 
board. 


(517)  SEC.  3.     The  superintendent  of  public  instruction, 
the  president  of  the  state  board  of  education,  the  president 
of  the  University  of  Michigan,  and  the  president  of  the  Michi- 
gan agricultural  college  are  hereby  constituted  as  the  state 
board  of  control  for  vocational  education  as  provided  in  the 
aforesaid  act,  and  said  board  is  charged  with  the  duty  and 
responsibility  of  co  operating  with  the  federal  board  for  vo- 
cational education  in  the  administration  of  such  act  and  is 
given  all  power  necessary  to  such  co-operation.     The  state 
board  of  control  for  vocational  education  is  hereby  author- 
ized to  incur  such  expenditures  for  office  administration  and 
other  incidental  expenses  as  it  may  deem  necessary  to  the 
proper  administration  of  the  funds  allotted  to  the  state  of 
Michigan  under  the  provisions  of  said  act. 

(518)  SEC.  4.    The  state  treasurer  is  hereby  appointed  as 
custodian  of  all  funds  for  vocational  education  as  provided 
in  said  act  and  in  this  act,  and  is  charged  with  the  duty 
and  responsibility  of  receiving  and  providing  for  the  proper 
custody  and  for  the  proper  disbursements  of  such  moneys 
on  requisition   of  the  said  board  of  control  for  vocational 
education.     The  state  treasurer  as  custodian  of  such  funds 
for  vocational  education  shall  make  an  annual  report  to  the 
governor  and  the  legislature  concerning  the  receipts  and  dis- 
bursements of  such  moneys  received  by  him  under  the  pro- 
visions of  said  act  and  of  this  act. 

(519)  SEC.  5.     Any  approved  public  school,  department 
or  part  time  class  giving  instruction    in    agricultural,    in- 
dustrial or  home  economic  subjects  which  receives  the  bene- 
fit of  federal  moneys  as  herein  provided  shall  provide  suit- 
able buildings  and  equipment  in  order  to  give  such  instruc- 
tion, and  shall  also  appropriate  for  the  salaries  of  instructors 
a  sum  of  money  equal  to  one-half  of  the  federal  allotment 
to  such  school  and  the  balance  necessary  for  the  salaries  of 
such  instructors    shall    be    appropriated  and  distributed  to 
such  school  district  or  department  from  the  state  treasury 
as  hereinafter  provided.     There  is  hereby  authorized  to  be 
appropriated  and  paid  from  the  state  treasury  to  the  several 
institutions  engaged  in  the  training  of  teachers  of  vocational 
subjects  a  sum  equal  to  the  allotment  of  federal  moneys  as 
provided  in  said  act.    It  shall  be  the  duty  of  the  state  board 
of  control  for  vocational  education  to  recommend  to  each  ses- 
sion of  the  legislature  the  amount  of  mioney  which  should  be 
appropriated  by  the  state  for  such  allotments  during  each 
succeeding  biennial  period. 

(520)  SEC.  6.     The  state  board  of  control  for  vocational 
education  shall  formulate  such  rules  and  regulations  as  may 
be  necessary  for  the  development  and  operation  of  such  vo- 
cational schools  and  the  training  of  teachers  as  are  provided 
for  in  said  act  subject  to  the  approval  of  the  federal  board 
of  control.     The  state  superintendent  of  public  instruction 
shall  be  the  executive  officer  of  the  state  board  of  control 


GENERAL    SCHOOL    LAWS.  225 

mid  he  shall  with  the  approval  of  said  board  provide  for  the 
administration  of  the  provisions  of  this  act.  All  disburse- 
ments of  state  and  federal  money  under  the  provisions  of  this 
act  shall  be  made  annually  on  or  before  the  tenth  day  of 
.Inly  in  each  year.  The  board  of  education  of  each  school  Annual  report. 
N\  here  vocational  instruction  is  given  under  the  provisions 
of  this  act  shall  make  an  annual  report  to  the  state  super- 
intendent of  public  instruction  and  at  such  other  times  and 
in  such  form  as  lie  may  require.  The  state  board  of  control  of 

for  vocational  education  shall  provide  for  the  proper  in- 
spection  of  the  work  done  in  the  schools  and  institutions 
which  operate  under  the  provisions  of  this  act  and  upon  the 
approval  of  the  work  done  and  the  receipt  of  the  satisfactory 
report  from  each  school  or  institution,  the  said  state  super- 
intendent of  public  instruction  shall  certify  to  the  auditor 
general  the  amount  of  such  state  and  federal  moneys  due  to 
each  school  district  maintaining  a  vocational  school  and  to 
each  institution  engaged  in  the  training  of  teachers  of  voca- 
tional subjects  the  amount  of  money  due  according  to  the 
provisions  of  this  act.  The  auditor  general  shall  upon  such 
certificate  of  the  superintendent  of  public  instruction  draw 
his  warrant  upon  the  state  treasurer  for  the  amount  of  said 
moneys  due  to  each  school  district  or  institution  and  pay- 
able to  the  treasurer  of  such  board  of  education  or  the  board 
of  control  of  such  institution,  and  the  said  amounts  shall 
be  forwarded  to  said  treasurers.  At  the  close  of  each  fiscal  Apportion- 
year  the  state  board  of  control  shall  examine  the  records111 
and  reports  from  all  schools  giving  vocational  instruction 
and  institutions  engaged  in  the  training  of  vocational  teach- 
ers and  shall  apportion  the  funds  from  the  federal  govern- 
ment and  from  the  state  treasury  in  accordance  with  the 
provisions  of  this  act  and  of  the  said  federal  act. 

(521)     SEC.  7.     The  state  board  of  control  for  vocational  Report  to 
education  shall  make  an  annual  report  to  the  governor  and  gover) 
to  the  legislature  in  regard  to  the  administration  of  this  act 
and   of  the  federal   act  herein   mentioned,   and   said  report 
shall  contain  an  explicit  statement  of  the  expenditures  of  all 
moneys,  both  federal  and  state,  for  the  provisions  mentioned 
in  this  act. 

Sec.    8.     Repeals  all   acts  and  parts  of  acts  contravening   the  provisions  of 
this  act, 

20 


226 


STATE    OF    MICHIGAN. 


DAY  SCHOOLS  FOR  THE  DEAF. 


Day  schools 
for  deaf, 
when  estab- 
lished, etc. 


Report  to 
superintend- 
ent of  public 
instruction. 


Annual 
budget. 


State"  treas- 
urer to  reim- 
burse district. 


Proviso  as  to 
amount. 


Proviso  as  to 
title. 


An  Act  authorizing  school  district  boards,  boards  of  trustees  of  graded 
schools  and  boards  of  education  in  cities  to  establish  and  main- 
tain day  schools  for  the  deaf,  and  authorizing  payment  therefor 
from  the  general  fund,  and  repealing  act  number  one  hundred 
seventy-six  of  the  public  acts  of  eighteen  hundred  ninety-nine  and 
all  other  acts  or  parts  of  acts  conflicting  with  the  provisions  of  this 
act. 

[Act  224,   P.   A.    1905.] 

The  People  of  the  State  of  Michigan  enact: 

(522)  §  5963.     SECTION  1.     That  upon  application  by  a 
school  district  board,  board  of  trustees  of  a  graded  school, 
or  board  t>f  education  of  any  city  of  this  state  to  the  super- 
intendent of  public  instruction,  he  shall  grant  permission  to 
such  board  to  establish  and  maintain,  and  such  board  shall 
thereupon  be  empowered  to  maintain  within  the  limits  of  its 
jurisdiction  one  or  more  day  schools  having  an  average  at- 
tendance of  not  less  than  three  pupils,  for  the  instruction 
of  deaf  persons  over  the  age  of  three  years,  whose  parents  or 
guardians  in  the  case  of  orphans  are  residents  of  the  State  of 
Michigan. 

(523)  §  5964.     SEC.  2.     Any  board  which  shall  maintain 
one  or  more  day  schools  for  the  instruction  of  the  deaf  shall 
report  to  the  superintendent  of  public  instruction  annually, 
and  at  such  other  times  as  he  may  direct,  such  facts  concern- 
ing the  school  or  schools  as  he  may  require. 

(524)  §  5965.    SEC.  3.    The  board  of  education  of  the  city 
or  district  where  a  day  school  for  the  deaf  is  established  shall 
include  in  its  annual  budget  a  sufficient  sum  to  maintain 
said  school  and  out  of  said  sum  shall    pay    said    teachers 
monthly.     To  reimburse  said  city  or  district  for    such    ex- 
penditure the  state  treasurer  is  hereby  authorized  to  pay  to 
the  treasurer  of  the  proper  school  district,  out  of  the  general 
fund,  on  or  before  July  twenty  in  each  year,  upon  the  war- 
rant of  the  auditor  general,  the  actual  expense  incurred  for 
teachers'   salaries   and  purchase  of  necessary  school   appli- 
ances by  any  school  district  in  support  of  a  day  school  for 
the  deaf,  which  shall  have  been  conducted  in  accordance  with 
this  act  during  nine  months  of  the  school  year,  as  shown  by 
vouchers  filed  with  the  auditor  general  and  certified  to  be 
correct  by  the  superintendent  of  public  instruction:     Pro- 
vided, That  the  total  amount  paid  on  account  of    any    one 
school  district  or  city  shall  not  exceed  one  hundred  fifty  dol- 
lars for  each  deaf  pupil  instructed  in  any  such  school  during 
the  school  year,  and  a  part  of  such  sum  proportionate  to  the 
time  of  instruction  of  any  such  pupil  so  instructed  less  than 
nine  months  during  each  year:     And  be  it  further  provided, 
That  the  title  for  all  school  appliances  purchased  shall  vest 
in  the  state  and  inventory  thereof  filed  with  the  superintend- 
ent of  public  instruction  July  first  of  each  year. 


GENERAL  SCHOOL  LAWS.  227 

(525)  §  596G.    SEC.  4.    The  district  board  or  board  of  edu-  vouchers, 
cation  shall  cause  to  be  executed  monthly,  vouchers  in  tripli- 

cate  upon  forms  prepared  and  furnished  by  the  auditor  gen- 
eral so  as  to  show  the  rate  of  salary  paid  to  instructors  of 
the  deaf  and  the  time  covered  by  such  payment,  also  vouch- 
ers in  triplicate  upon  forms  prepared  and  furnished  by  the 
auditor  general,  showing  the  school  appliances  purchased 
and  price  for  each  article  or  series  of  articles.  (The  treas- 
urer  of  said  school  district  is  required  to  forward  two  copies  superintend 
of  these  receipted  vouchers  to  the  superintendent  of  public 
instruction  within  the  first  five  days  of  the  month  succeeding 
the  month  covered  by  the  payment.  On  or  before  the  fifteenth 
of  each  month  the  superintendent  of  public  instruction  shall 
present  one  set  thereof  to  the  auditor  general  authorizing 
him  to  pay  to  the  treasurer  of  the  proper  school  district  the 
amount  covered  by  the  certified  vouchers  presented. 

(526)  §  5967.     SEC.  5.    All  teachers  in  such  schools  shall 

be  appointed  and  employed  as  other  public  school  teachers  etc. 
are  appointed  and  employed.    All  persons  appointed  to  teach 
in  any  such  school  shall  have  had  special  training  for  teach- 
ing, and  shall  be  graduates  of  a  training  school  for  teachers 
of  the  deaf  by  the  "oral"  method,  and  shall  also  have  had 
special  training  in  the  teaching  of  the  deaf,    including    at 
least  one  year's  experience  as  a  teacher  in  a  school  for  the 
deaf.     The  so-called  "oral"  system  shall  be  taught  by  such  g< 
teachers,  and  if  after  a  fair  trial  of  nine  months,  any  of  such  taught. 
children  shall  for  any  reason  be  unable  to  learn  such  oral 
method,  then  no  further  expense  shall  be  incurred    in    the 
effort  to  teach  such  child,  so  unable  to  learn  such  oral  method, 
in  such  primary  schools. 

(527)  §  5968.     SEC.  6.     For  the  purpose  of  this  act,  any 
person  of  sound  mind,  who,  by  reason  of  defective  hearing, 
cannot  profitably  be  educated  in  the  public  schools,  as  other 
children  are,  shall  be  considered  deaf. 

Sec.  7.     Repeals  Act  176,   1899. 


PAYMENT  OF  SUBCONTRACTORS. 

An  Act  to  insure  the  payment  of  subcontractors  and  wages  earned 
and  material  used  .in  constructing,  repairing  or  ornamenting  public 
buildings  and  public  works. 

[Act  187,  P.    A.  1905.] 

The  People  of  the  State  of  Michigan  enact: 

(528)      §  14827.     SECTION  1.     When  public    buildings    or  Bond  required 
other  public  works  are  about  to  be  built,  repaired  or  orna-  o°rsubcon-nt 
mented  under  contract  at  the  expense  of  the  state,  or  of  any  tractors, 
county,  city,  village,  township  or  school  district  thereof,  it 


228 


STATE    OP    MICHIGAN. 


shall  be  the  duty  of  the  board  of  officers  or  agents,  contract- 
ing on  behalf  of  the  state,  county,  city,  village,  township  or 
school  district,  to  require  sufficient  security  by  bond  for  the 
payment  by  the  contractor  of  all  subcontractors  and  for  the 
payment  for  all  labor  performed  and  materials  furnished  in 
the  erection,  repairing  or  ornamenting  of  such  building  or 
works. 

People  v.  Traves,   188/347,  416. 

subcontract-  (529)  §  14828.  SEC.  2.  In  the  case  of  a  subcontractor,  lie 
written  notice,  shall  give  notice  in  writing  before  payment  is  made  for  the 
work  or  materials  furnished  by  him  to  the  said  board  of  offi- 
cers or  agents,  that  he  is  a  subcontractor  for  the  doing  of 
some  part  of  such  work  which  he  shall  specify  in  his  notice 
and  that  he  relies  upon  the  security  of  the  bond  by  this  act 
required  to  be  given  by  the  principal  contractor,  and  that  in 
the  case  of  the  giving  of  such  notice  to  the  said  board  of 
officers  or  agents  said  subcontractor  shall  also  notify  the 
principal  contractor  that  he  has  done  so,  and  whenever  this 
shall  have  been  done,  the  said  subcontractor  shall  be  entitled, 
subject  to  the  rights  of  the  persons  with  whom  lie  has  con- 
tracted for  labor  and  materials,  to  the  benefit  of  the  security 
given  by  the  principal  contractor,  and  to  be  subrogated  to 
the  liens  of  the  persons  who  have  performed  labor  or  fur- 
nished materials  for  such  building,  repairs  or  ornamentation, 
whom  he  shall  have  actually  paid,  but  the  subcontractor  and 
the  persons  who  shall  have  performed  labor  or  furnished 
materials  to  him  shall  not  in  the  aggregate  be  entitled  to  re- 
ceive larger  sums  than  may  be  required  from  the  principal 
contractor  under  his  contract  with  the  subcontractor,  nor 
shall  this  act  be  construed  to  change  in  any  way  the  contract 
which  may  have  been  made  between  the  principal  contractor 
and  the  subcontractor,  except  when  such  contract  shall  at- 
tempt to  relieve  the  principal  contractor  as  against  the  de- 
mands of  those  performing  labor  or  furnishing  materials  to 
the  subcontractor. 


When  en- 
titled to    ' 
benefit  of 
security,  etc. 


People  v.  Traves,  188/423. 


Bond,  to 
Sited!  sure- 


(530)  §  14829.  SEC.  3.  Such  bond  shall  be  executed  by 
such  contractor  to  the  people  of  the  state  of  Michigan  in  such 
amount  and  witn  sucn  sureties  as  shall  be  approved  by  the 
board  of  officers  or  agents  acting  on  behalf  of  the  state, 
county,  city,  village,  township,  or  school  district  as  afore- 
said, and  shall  be  conditioned  for  the  payment  by  such  con- 
tractor to  any  subcontractor  or  by  any  such  contractor  or 
subcontractor  as  the  same  may  become  due  and  payable  of 
all  indebtedness  which  may  arise  from  said  contractor  to  a 
subcontractor  or  party  performing  labor  or  furnishing  ma- 
terials, or  any  subcontractor  to  any  person,  firm  or  corpora- 
tion on  account  of  any  labor  performed  or  materials  fur- 
nished in  the  erection,  repairing  or  ornamentation  of  such 


GENERAL    SCHOOL    LAWS.  229 

building,  improvement  or  works:  Provided,  however,  That  Proviso, 
the  principal  contractor  shall  not  be  required  to  make  any 
payment  to  a  subcontractor  of  sums  due  from  the  subcon- 
tractor to  parties  performing  labor  or  furnishing  materials, 
except  upon  the  receipt  or  the  written  orders  of  such  parties 
to  pay  the  sums  due  to  them  to  subcontractors.  Such  bond 
shall  be  deposited  with  and  held  by  such  board  of  officers 
or  agents  for  the  use  of  any  party  interested  therein. 

Sureties  on  a  bond  given  for  the  benefit  of  laborers  and  mater-ialmcn  can- 
not avoid  liability  bf  showing  a  failure  of  the  municipal  authorities  to  ap- 
prove the  bond. — People  v.  Carroll,  151/233.  People  v.  Traves,  188/416. 

(531)     §-14830.    SEC  4.    Such  bond  may  be  prosecuted  and  Recovery   } 
a  recovery  had  by  any  person,  firm  or  corporation  to  whom  On  bond!1 
any  money  shall  be  due  and  payable  on  account  of  having 
performed  any  labor  or  furnished  any  materials  in  the  erec- 
tion,  repairing  or   ornamentation  of  any   such   building   or 
works,  in  the  name  of  the  people  of  this  state  for  the  use  and 
benefit  of  such  person,  firm  or  corporation :     Provided,  how-  Proviso, 
ever,  That  in  the  case  of  a  suit  for  the  benefit  of  a  subcon- 
tractor, he  shall  be  required  to  allege  and  prove  that  he  has 
paid  to  all  parties  entitled  thereto  the  full  sums  due  to  them 
lor  labor  or  materials  contracted  for  by  him:    And  provided  Further 
further,  That  in  no  case  brought  under  the  provisions  of  this  p 
act  shall  the  people  of  this  state  be  liable  for  costs. 

People   v.   Traves,    188  /  42C. 


CITIES  OF  FOURTH  CLASS. 

An  Act  to  provide  for  the  incorporation  of  cities  of  the  fourth  class. 
[Extract  from  Act  215,  P.  A.  1895,  Chap.  XXXII.] 

fr>:!L})     §  3202.     SECTION  1.     Each  city  incorporated  under  city  to  con- 
this  act  shall  constitute  a  single  school  district.    Such  school  sciioof  district, 
district  shall  be  a  body  corporate,  by  the  name  and  style  of 

the  "public  schools  of  the  city  of  "   (naming  the 

city)  and  si  ml  I  possess  the  usual  powers  of  corporations  for 
public  purposes;   and  in  that  name  may  sue  and  be  sued, 
and  purchase,  acquire,  hold  and  dispose  of  such  real  and  per- 
sonal property  as  is  authorized  to  be  purchased,  acquired  or 
disposed  of  by  this  chapter:    Provided,  That  if  in  any  village  Proviso  as  to 
re-incorporated  as  a  city  or  any  city  re-incorporated  under  jSJSed  cities 
and  made  subject  to  the  provisions  of  this  act,  there  shall  be  and  villages, 
a  school  district  extending  beyond  the  city  limits,  or  having 
a  special  charter,  then  such  school  district  shall  not  be  gov- 
erned by  the  provisions  of  this  chapter,  but  all  the  laws  and 
regulations  now  governing  such  district  shall  remain  in  full 
force  and  effect  the  same  as  if  such  city  or  village  had  not 
been  re-incorporated. 


230 


STATE    OF    MICHIGAN. 


Am.  1905,  Act  106. 

Act  279  of  1909,  sec.  4,  as  amended  by  Act  5  of  1913  (§  3307,  C.  L.  1915) 
known  as  the  "Home  Rule"  act,  in  paragraph  (f),  providing  "for  the  estab- 
lishment of  any  department"  deemed  "necessary  for  the  general  welfare  of 
the  city,"  expressly  excepts  "public  schools." 

A  municipal  corporation  may  receive  and  hold  personal  property  in  trust  for 
educational  purposes. — Hatheway  v.  Sackett,  32  /  97.  Also  for  library  pur- 
poses.— Maynard  v.  Woodard,  36/423. 

Exercise  of  the  veto  power  by  the  president  of  the  Bay  City  school  board. — 
Lichtig  v.  Saginaw  Circuit  Judge,  180/667. 


Board  of 
education,  of 
whom  to 
consist. 


Annual 
election. 


Term  of 
office. 


(533)  §  3263.  SEC.  2.  The  board  of  education  of  such 
public  schools  shall  consist  of  six  trustees,  who  shall  be  quali- 
fied electors  of  the  school  district,  and  tho  regular  annual 
election  of  school  trustees  shall  be  held  on  the  second  Monday 
of  July  of  each  year.  At  the  first  election  held  under  this 
act  two  trustees  shall  be  elected  for  the  term  of  one  year,  two 
for  the  term  of  two  years,  and  two  for  the  term  of  three  years 
from  the  second  Monday  of  July  of  such  year,  and  the  term 
for  which  each  trustee  is  elected  shall  be  designated  on  the 
ballot  cast  for  him.  Annually  thereafter  two  trustees  shall 
be  elected  for  a  term  of  three  years  from  and  after  the  second 
Monday  of  July  of  the  year  when  elected  and  until  their  suc- 
cessors are  qualified  and  enter  upon  the  duties  of  their  offices. 

Am.  1905,  Act  231. 


Proviso,  polls. 


school  (534)     §  3264.     SEC.  3.     Such  annual  election    of    school 

election 'of.  trustees  as  above  provided  shall  be  held  at  such  places,  not 
exceeding  five,  in  each  city  as  the  board  of  education  shall 
designate.  In  the  designation  of  such  places  it  shall  be  the 
duty  of  said  board  to  choose  places  most  convenient  for  the 
accommodation  of  the  voters:  Provided,  That  there  shall  be 
not  more  than  one  polling  place  in  any  one  ward.  The  polls 
shall  be  open  at  nine  o'clock  in  the  forenoon  and  shall  con- 
tinue open,  without  intermission  or  adjournment,  until  the 
hour  of  eight  o'clock  in  the  afternoon,  at  which  time  they 
Election,  how  shall  be  finally  closed.  Said  election  shall  be  by  ballot  and, 
except  as  herein  otherwise  directed,  shall  be  conducted  in  all 
respects,  including  the  manner  of  selecting  candidates,  the 
placing  of  names  of  candidates  upon  the  ballots,  the  printing 
of  the  ballots,  erection  of  booths,  etc.,  in  the  manner  and 
in  conformity  with  the  provisions  of  law  governing  in  the 
case  of  annual  township  elections.  All  the  penalties  of  the 
general  election  law  relative  to  neglect  of  duty  or  violation 
of  the  terms  of  this  act  shall  be  applicable.  The  members  of 
the  said  school  board  shall  be  governed  by  the  same  re- 
strictions and  shall  perform  similar  duties  to  those  prescribed 
for  the  township  board  at  annual  township  meetings.  Notice 
of  the  time  and  places  of  holding  such  elections  shall  be 
given  by  the  secretary  of  the  board  not  less  than  fifteen 
days  before  the  said  election  by  placing  such  notices  in 
three  of  the  most  public  places  in  each  ward  of  the  city, 
and  by  publishing  a  copy  thereof  in  one  or  more  newspapers 
published,  in  the  city  for  the  same  length  of  time  before 
the  election.  On  or  before  the  twentieth  day  of  June  in  each 


conducted 
etc. 


Penalties. 


Notice  of 
election. 


GENERAL    SCHOOL    LAWS.  231 

year  the  board  of  education  shall  appoint  three  election  com- 
missioners. All  nominations  for  the  office  of  trustee  shall  be  Nominations. 
made  by  petition  signed  by  at  least  twenty-five  qualified 
electors  of  said  district.  All  nomination  petitions  shall  be 
filed  by  the  respective  candidates  with  said  election  commis- 
sioners at  least  five  days  before  the  election.  The  said  elec-  Election  com 
tion  commissioners  shall,  after  the  time  during  which  nomi- 
nation  petitions  may  be  filed  has  elapsed,  proceed  to  deter- 
mine by  lot  the  place  which  each  candidate  shall  have  upon 
the  official  ballot ;  and  thereupon  said  commissioners  shall 
cause  to  be  printed  ballots  in  the  same  manner  and  form  as 
near  as  may  be  as  now  used  in  the  election  of  city  officers. 
They  shall  deliver  said  ballots  when  printed  to  the  secretary 
of  the  board  of  education  the  day  preceding  the  day  of  elec- 
tion. Nothing  contained  herein,  however,  shall  be  construed 
so  as  to  prevent  any  elector  from  voting  for  any  person  by 
pasting  or  writing  the  name  of  his  candidate  or  candidates  in 
pencil  on  his  ballot. 

Am.  1907,   Act    110;   1911,   Act  221. 

(535)  §  32G5.  SEC.  4.  The  board  of  education  of  such  Election 
public  schools  shall  choose  one  member  of  said  board  and  lr 
also  another  qualified  elector  of  said  city  to  act  as  inspectors 
of  election  in  each  polling  place,  and  the  electors  present  at 
the  opening  of  each  polling  place  shall  choose  another  quali- 
fied elector  of  said  district  and  the  three  together  shall  con- 
stitute a  board  of  inspectors  for  such  election  at  such  poll- 
ing place :  Provided,  That  no  candidate  for  trustee  shall  Proviso, 
act  as  inspector  of  election  and  if  any  of  said  trustees  are  vacancies- 
so  disqualified  the  board  of  education  shall  choose  another 
qualified  elector  to  act  as  such  inspector  of  election,  and  if 
the  persons  so  chosen  as  inspectors  of  election  shall  not  be 
present  at  the  opening  of  the  polls  or  remain  in  attendance, 
the  electors  present  may  choose  viva  voce  such  number  of  • 
electors  present  as  shall  constitute  a  board  of  three  inspect- 
ors of  such  election,  and  if  the  two  inspectors  of  election 
chosen  by  the  board  of  education  shall  be  present  at  the  open- 
ing of  the  polls  and  remain  in  attendance  the  electors  present 
shall  choose  one  elector  present  who  together  with  the  two 
inspectors  chosen  by  the  board  of  education  shall  constitute 
a  board  of  three  inspectors  of  election  for  each  polling  place. 
Each  of  said  inspectors  shall  take  the  required  oath  to  faith- 
fully perform  the  duties  of  inspector  of  such  election.  Said  chairman. 
board  of  inspectors  of  election  in  each  polling  place  shall 
elect  one  of  its  number  as  chairman  and  one  of  its  number 
as  secretary  of  the  board  of  inspectors.  The  qualifications 
of  voters  at  such  election  or  the  school  district  meetings  shall 
be  such  as  are  or  may  hereafter  be  prescribed  by  the  general 
school  law.  The  board  of  inspectors  shall  have  the  same  au- 
thority and  power  in  maintaining  and  enforcing  order  and 
obedience  to  its  lawful  commands  at  such  elections  and 


232 


STATE    OF    MICHIGAN. 


during  the  canvass  of  the  votes  as  are  conferred  by  the  gen- 
eral laws  of  the  state  upon  school  officers  in  similar  cases: 
Proviso,  Provided,   however,   That  electors   shall  cast  their  votes   at 

the  polling  place  in  the  ward  in  which  they  reside  if  there 
be  a  polling  place  in  such  ward,  and  if  no  polling  place  is 
provided  or  held  in  such  ward  then  the  board  of  education 
of  the  said  city  shall  designate  the  polling  places  where  the 
voters  of  such  ward  having  no  polling  place  shall  vote,  and 
in  such  event  the  board  of  education  shall  name  in  the  no- 
tice of  election  the  said  polling  places. 

Am.   1907,  Act  110  ;  1911,  Act  221  ;  1917,  Act  10. 


Inspectors, 
duty  of. 


Canvass. 


Report  to    ' 
board. 


Declaration 
of  result. 


Ballots,  dis- 
posal of. 


Oath  of  office. 


(536)  §  8266.     SEC.  5.     The  board  of  inspectors  of  each 
polling  place  shall  make  a  poll  list  of  names  of  persons  voting 
at  such  election  in  that  polling  place.     It  shall  also  have 
the  last  school  census  or  a  copy  thereof  present  at  such  elec- 
tion, open  for  inspection  by  any  citizen ;  it  shall  also  have  the 
right  of  access  to  the  registration  books  of  the  several  poll- 
ing places  of  the  city  if  it  deem  it  necessary,  and  for  that 
purpose  it  may  require  the  city  clerk  to  attend  such  election 
with  such  registers  in  the  voting  places  designated  by  the 
board  .of  education. 

Am.   1907,   Act  110;   1911,   Act   221. 

(537)  §  3267.     SEC.  6.     When  said  polls  shall  be  finally 
closed  the-  board  of  inspectors  of  the  different  polling  places 
shall  proceed  publicly  to  count,  determine  and  declare  the 
number  of  votes  cast  and  for  whom,  and  shall  on  the  same 
or  on  the  next  succeeding  day  make  up  and  sign  a  statement 
in  writing  showing  the  whole  number  of  votes  cast  and  the 
number  of  votes  cast  for  each  person  for  whom  votes  were 
cast;    such  statement,  together  with  the  minutes  and  other 
papers  of  election,  shall  be  filed  with  the  secretary  of  the 
board  of  education.     The  inspectors  of  the  several    voting 
places  shall  forthwith  report  in  writing  to  the  secretary  of 
said  board  the  number  of  votes  cast  and  for  whom,  and  the 
number  of  votes  cast  for  each  person,  which  shall  be  filed  with 
the  secretary  of  the  board  of  education.     The  person  or  per- 
sons who  shall  have  received  the  highest  number  of  votes  for 
such  office  of  trustee  for  the  several  terms  designated  upon 
the  ballot  shall  be  declared  elected  by  the  board  of  trustees 
without  delay,  and  if  two  or  more  persons  shall  have  received 
an  equal  number  of  votes  where  only  one  trustee  is  to  be 
elected,  the  said  board  of  trustees  shall  choose  one  of  said 
persons  by  lot  as  such  trustee.     The  ballots  shall,  when  the 
vote  shall  have  been  declared,  be  returned  to  the  boxes  and 
the  boxes  be  locked  and  sealed  and  deposited  with  the  secre- 
tary at  the  time  of  the  filing  of  said  statement.    Each  person 
so  declared  elected  to  the  office  of  school  trustee  under  the 
provisions  of  this  act  shall,  within  five  days  after  he  has  been 
declared  elected,  qualify  by  taking  and  subscribing  the  re- 


GENERAL    SCHOOL    LAWS.  233 

quired  oath  of  office  and  filing  the  same  with  the  secretary 
of  the  board  of  education. 

Am.  1911,  Act  221. 


SCHOOL  SITES. 

An  Act  authorizing  the  commissioner  of  the  state  land  office  to 
sell  sites  to  school  districts,  churches  and  cemetery  associations 
from  lands  held  by  the  state  as  tax  homestead  lands. 

[Act  223,    P.   A.   1909.] 

The  People  of  the  State  of  Michigan  enact: 

(538)     §  41 G7.    SECTION  1.    The  commissioner  of  the  state 
land  office  is  hereby  authorized  to  sell  sites  to  school  districts, 
churches  and  cemetery  associations  from  any  lands  held  by  may  sel1- 
the  state  of  Michigan  as  tax  homestead  lands,  at  such  price 
as  shall  be  fixed  by  the  said  commissioner.     The  application  Application, 
for  the  purchase  of  such  sites  shall  be  made  by  the  proper 
officers  of  the  school  district,  or  the  trustees  of  the  church  or 
cemetery  association,  upon  blanks  prepared  and  furnished  by 
the  said  commissioner  for  that  purpose:    Provided,  That  the  Proviso, 
said  commissioner  shall  not  sell  for  any  such  purpose  any 
land  in  excess  of  the  amount  which  may  be  necessary  for 
the  use  of  any  such  school  district,  church  or  cemetery  asso- 
ciation :    Provided  further,  That  any  land  so  sold  shall  be  IJIJ{ier  use 
used  solely  for  the  above  purposes,  and  when  same  ceases  to  pl 
be  used  for  such  purpose,  it  shall  revert  to  the  state  of  Michi- 
gan. 

Act  270  of  1913  (§  5667  C.  L.  1915)  abolishes  the  office  of  commissioner  of 
the  state  land  office  and  transfers  his  duties  to  the  public  domain  commis- 
sion and  the  superintendent  of  public  instruction. 


APPROVAL  OF  PLANS  FOR  SCHOOL  BUILDINGS. 

An  Act  to  require  plans  for  all  school  buildings  and  for  additions  to 
school  buildings,  the  cost  of  which  shall  exceed  three  hundred  dol- 
lars, to  be  approved  by  the  superintendent  of  public  instruction, 
and  to  authorize  the  condemnation  of  school  houses  under  certain 
conditions. 

[Act  17,   P.  A.  1915.] 
The  People  of  the  State  of  Michigan  enact: 

(5.39)     §  5874.    SECTION  1.    No  school-house  shall  hereafter  Plans,  toj 
be  erected  in  any  school  district  in  this  state,  and  no  addition 
to  a  school  building  in  any  such  district  shall  hereafter  be 


234 


STATE    OP    MICHIGAN. 


erected,  the  cost  of  either  of  which  shall  exceed  three  hundred 
dollars,  until  the  plans  and  specifications  for  the  same  shall 
have  been  submitted  to  the  superintendent  of  public  in- 
Approvai.  'struction  and  his  approval  indorsed  thereon.  Such  plans  and 
specifications  shall  be  submitted  in  duplicate  and  shall  show 
in  detail  the  ventilation,  heating  and  lighting:  Provided, 
That  the  said  superintendent  of  public  instruction  shall  have 
authority  to  inspect  such  building  or  buildings  during  the 
process  of  construction  in  order  to  determine  that  the  provi- 
sions of  this  act  are  being  complied  with. 

(540)  §  5875.  SEC.  2.  The  superintendent  of  public  instruc- 
tion  shall  have  authority  to  inspect  and   condemn   school- 
houses.    After  an  inspection  of  a  school-house,  if  in  the  judg- 
ment of  the  said  superintendent  of  public  instruction  such 
building,  or  any  part  thereof,  is  not  in  a  safe  and  sanitary 
condition,  notice  thereof  shall  be  given  to  the  district  board 
or  board  of  education  of  the  district  in  which  such  building  is 
located,  said  notice  to  be  given  at  least  six  months  preceding 
the  first  day  of  August.    On  the  first  day  of  August  following 
such  notice  given,  if  said  building  has  not  been  placed  in  a 
safe  and  sanitary  condition  by  the  district  board  or  board  of 
education,  said  "superintendent    of    public   instruction  shall 
have  authority  to  close  such  building,  or  a  part  thereof,  and 
such  building,  or  part  thereof,  shall  not  again  be  opened  for 
public  use  until  such  building,  or  part  thereof,  shall  have 
been  placed  in  a  safe  and  sanitary  condition  to  the  satisfac- 
tion of  the  said  superintendent  of  public  instruction :    Pro- 
vided,   That  after  such  building,  or  part  thereof,  has  been 
closed  for  public  use  said  superintendent  of  public  instruc- 
tion   shall    be    authorized    and    he    is    hereby    required    to 
have    such    building,    or    part    thereof,    placed    in    a    safe 
and  sanitary  condition  at  the  expense  of  the  district:    Pro- 
vided,    That    any    district    board    or    board    of    education, 
being     dissatisfied    with    the    order    of    the    superintendent 
of  public  instruction  determining  such  school-house  to  be  in 
an  unsafe  or  insanitary  condition,  may  within  thirty  days  of 
the  issuance  of   such    order   and  notice  thereof,   commence 
an  action  in  the  circuit  court  in  chancery  for  the  county  in 
which  such  school-house  is  located,  against  the  superintend- 
ent of  public   instruction   as  defendant,  to  vacate  and   set 
aside  such  order  on  the  ground  that  said  order  is  unlawful 
or  unreasonable;  in  which  suit  the  superintendent  of  public 
instruction  shall  be  served  writh  subpoena  and  a  copy  of  the 
complaint.  . 

(541)  §  5876.    SEC.  3.   No  tax  voted  by  a  district  meeting, 
or  other  competent  authority  in  any  such  school  district,  ex- 
ceeding the  sum  of  three  hundred  dollars  for  building  pur- 
poses, shall  be  expended  by  the  district  board  or  board  of 
education  of  such  district  until  the  superintendent  of  public 
instruction  shall  certify  that  the  plans  and  specifications  for 
the  same  comply  with  the  provisions  of  this  act. 


Proviso, 
inspection 
during  con- 
struction. 


Condemna- 
tion of 
school-house. 


Notice  to 
board  ot 
education. 


When  super- 
intendent 
may  close 
buildings. 


Proviso, 
placing  in 
safe  con- 
dition. 


Proviso, 
vacation  of 
order  to  close. 


Tax  not  to  be 
expended " 
without 
certification 
of  plans. 


GENERAL    SCHOOL    LAWS.  235 


SCHOOL  BONDS. 

An  Act  to  exempt  from  taxation  bonds  hereafter  issued  by  any  county, 
township,  city,  village  or  school  district  within  the  state  of  Michi- 
gan. 

[Act   88,   P.   A.   1909.] 

The  People  of  the  State  of  Michigan  enact: 

(542)    §  4194.  SECTION  1.  All  bonds  hereafter  issued  by  any  Bonds,  ex- 
county,  township,  city,  village  or , school  district  within  the  taxation*.01 
state  of  Michigan  pursuant  to  statute  are  hereby  exempted 
from  all  taxation. 

Sec.  2  repeals  inconsistent  acts. 


An  Act  to  prescribe  and  limit  the  power  of  school  districts  having  a 
population  of  more  than  fifteen  thousand  and  less  than  one  hundred 
thousand  to  borrow  money  and  issue  bonds  of  such  district  there- 
for, and  to  repeal  all  acts  and  parts  of  acts  inconsistent  herewith. 

[Act  150,   P.   A.   1915.] 

The  People  of  the  State  of  Michigan  enact: 
(543)    8  5865.    SECTION  1.    Any  school  district  within  the  Power  to 

,     ..  -,   ,,»,  ,i  borrow  money 

state  of  Michigan,  whose  population  shall  exceed  fifteen  thou-  and  issue 

sand  and  be  less  than  one  hundred  thousand,  shall  have  power  b< 

and  authority  to  borrow  money  and  issue  bonds  to  an  amount 

not  greater  than  five  per  cent  of  the  total  assessed  valuation 

of  said  district.     Subject,  however,  to  all  provisions  of  law  Referendum. 

now  or  hereafter  in  force  relative  to  the  submission  to  the 

electors  of  such  districts  of  any  or  all  questions  relative  to 

such  borrowing  of  money  and  issuing  of  bonds  therefor. 

Sec.  2.     Repeals  all  acts  or  parts  of  acts,  whether  local  or  general,  in  any- 
wise conflicting  with  the  provisions  of  this  act. 


An  Act  to  authorize  the  levy  of  taxes  to  pay  principal  and  interest  of 
bonds  issued  under  the  provisions  of  act  number  one  hundred  fifty 
of  the  Public  Acts  of  nineteen  hundred  fifteen,  entitled  "An  act  to 
prescribe  and  limit  the  power  of  school  districts  having  a  popula- 
tion of  more  than  fifteen  thousand  and  less  than  one  hundred  thou- 
sand to  borrow  money  and  issue  bonds  of  such  district  therefor, 
and  to  repeal  all  acts  and  parts  of  acts  inconsistent  herewith,"  ap- 
proved May  seven,  nineteen  hundred  fifteen,  and  to  repeal  all  acts 
and  parts  of  acts  inconsistent  herewith. 

[Act  266,   P.    A.   1917.] 

The  People  of  the  State  of  Michigan  enact: 

(544)     SECTION  1.     The  board  of  education  or  other  legis- Bond  issue, 
lative  body  of  any  school  district  which  shall  have  hereto- 
fore issued  or  shall  hereafter  issue  bonds  under  the  provi- 


236 


STATE    OF    MICHIGAN. 


sions  of  act  number  one  hundred  fifty  of  the  Public  Acts 
of  nineteen  hundred  fifteen,  entitled  "An  act  to  prescribe 
and  lim\it  the  powder  of  school  districts  having  a  population 
of  more  than  fifteen  thousand  and  less  than  one  hundred 
thousand  to  borrow  money  and  issue  bonds  of  such  district 
therefor,  and  to  repeal  all  acts  a'nd  parts  of  acts  inconsistent 
herewith/7  approved  May  seven,  nineteen  hundred  fifteen, 
shall  provide  annually  for  the  levy  and  collection  of  a  direct 
tax  upon  all  the  taxable  property  in  such  school  district  suf- 
ficient to  pay  the  interest  on  such  bonds  as  it  falls  due,  and 
also  to  pay  and  discharge  the  principal  thereof  at  maturity. 

Sec.  2.     Repeals  all  acts  or  parts  of  acts,  whether  local  or  general,  in  any- 
wise conflicting  with  the  provisions  of  this  act. 


Tax  to  pay 
interest  and 
principal  on. 


FIRE  PROTECTION  IN  THE  SCHOOLS. 

[Extract  from  Act  285,  P.  A.  1909.] 

inspectors  (545)    §  5334.   SEC.  13.  Factory  inspectors  shall  have  power 

power  to  to  condemn  all  school-houses  if  in  their  opinion  they  are  un- 
safe and  liable  to  collapse  and  cause  the  lives  of  children  to  be 
endangered ;  also  factory  inspectors  shall  have  power  to  order 
fire  escapes  on  all  manufacturing  establishments,  hotels, 
stores,  theaters,  schools,  halls,  public  and  office  buildings  two 
or  more  stories  in  height,  and  apartment  houses  three  or 
more  stories  in  height,  if  in  the  opinion  of  the  factory  inspec- 
tor it  be  necessary  to  insure  the  safety  of  persons  in  such 
places ;  said  fire  escape  or  means  of  egress,  or  as  many  there- 
of as  may  be  deemed  sufficient  by  the  inspector,  shall  be  pro- 
vided, and  where  it  is  necessary  to  provide  fire  escapes  on  the 
outside  of  such  building  they  shall  consist  of  landings  and 
balconies  at  each  floor  above  the  first,  to,  be  built  according  to 

Doors  to  open  specifications  provided  by  the  factory  inspector.  All  doors 
in  school-houses  and  thie  doors  of  the  capitol  building  and  all 
state  institutions  shall  open  outward.  Factory  inspectors 
shall  in  writing  notify  the  owner,  agent  or  lessee  of  such 
manufacturing  establishments,  hotels,  stores,  theaters, 
schools,  halls,  apartment  houses  and  public  and  office  build- 
ings of  the  required  location  and  specifications  of  such 
escapes  as  may  be  ordered  and  as  to  all  failures  to  comply 

Penalty.  with  the  provisions  of  this  act.  Any  person,  firm  or  corpora- 
tion, or  any  member  of  any  school  board,  who  shall  violate  or 
cause  to  be  violated  any  of  the  provisions  of  this  section,  or 
shall  fail  or  refuse  to  erect  or  cause  to  be  erected  any  fire 
escape  ordered  by  any  factory  inspector,  under  authority  of 
this  section,  shall  be  deemed  guilty  of  a  misdemeanor,  and 
upon  conviction  shall  be  fined  not  less  than  one  hundred  dol- 
dars  nor  more  than  one  thousand  dollars,  or  imprisoned  for 


outward. 


GENERAL    SCHOOL    LAWS.  237 

not  less  than  three  mouths  nor  more  than  one  year,  or  by 
both  such  fine  and  imprisonment  in  the  discretion  of  the 
court.  i 

Am.   1911,   Act   251. 


ESTABLISHMENT,  ETC.,  OF  HIGHWAY  TO  SCHOOL  BUILDING. 

[Extract  from  Chap.  I,  Act  283,  P.  A.  1909.] 

(54(J)  §  4LM)7.  SEC.  1.0.  *  *  *  *  The  said  township  board 
shall  cause  jo  bo  established  and  improved  a  public  highway  school 
to  each  and  every  public  school  building  in  any  organized 
school  district  in  every  township,  and  where  a  highway  is  al- 
ready laid  out  and  established,  and  not  improved  and  made 
passable  to  any  such  public  school  building,  the  said  board 
shall  cause  the  same  to  be  so  improved  and  made  passable 
for  public  use. 


An  Act  to  provide  for  the  direction  and  supervision  of  the  instruc- 
tion and  training  of  the  inmates  in  all  institutions  in  this  state  ' 
where  juvenile  delinquents  are  confined  or  detained  by  order  of 
any  court,  parent  or  guardian,  and  to  authorize  the  superintendent 
of  public  instruction  to  direct  and  supervise  the  instruction  and 
training  of  the  inmates  in  said  institutions. 

[Act   137,   P.    A.   1917.] 

The  People  of  the  State  of  Michigan  enact: 
(547)      SECTION  1.     The  superintendent  of  public  instruc-  instruction, 

,..',          !  .-,        .-I,  •  -i    T        j_  j_i       •      x  etc.,  of  certain 

tion  is  hereby  authorized  to  supervise  and  direct  the  instruc-  inmates. 
tion  and  training  of  the  inmates  in  all  public  institutions 
in  the  state  where  juvenile  delinquents  are  confined  or  de- 
tained by  order  of  any  court,  parent  or  guardian.    No  course  Approval, 
of  study  shall  be  pursued  in  any  of  such  institutions  which 
"shall  not  have  been  approved  by  the  superintendent  of  public 
instruction,  and  he  shall  prescribe  for  each  institution  the 
course  of  study  it  shall  follow. 


238 


STATE    OF    MICHIGAN. 


System 
authorized. 


Operation  of. 


Where  may 
be  conducted. 


An  Act  authorizing  cities,  villages,   counties,   townships  and  school 
districts  to  operate  systems  of  public  recreation  and  playgrounds. 

[Act  156,  P.  A.   1917.] 

The  People  of  the  State  of  Michigan  enac' 

(548)  SECTION  1.     Any  city,  village,  county  or  township 
may  operate  a  system  of  public  recreation  and  playgrounds; 
acquire,  equip  and  maintain  land,  buildings  or  other  recrea- 
tional facilities;  employ  a  superintendent  of  recreation  and 
assistants;  vote  and  expend  funds  for  the  operation  of  such 
system. 

(549)  SEC.  2.    Any  school  district  may  operate  a  system 
of  public  recreation  and  playgrounds,  may  vote  a  tax  to  pro- 
vide funds  for  operating  same,  and  may  exercise  all  other 
powers  enumerated  in  section  one. 

(550)  SEC.  3.    Any  city,  village,  county,  township  or  school 
district  may  operate  such  a  system  independently  or  they 
may  co-operate  in  its  conduct  in  any  manner  In  which  they 
may  mutually  agree;  or  they  may  delegate  the  operation  of 
the  system  to  a  recreation  board  created  by  any  or  all  of 
them,  and  appropriate  money,  voted  for  this  purpose,  to  such 
board. 

(551)  SEC.  4.    Any  municipal  corporation  or  board  given 
charge  of  the  recreation  system  is  authorized  to  conduct  its 
activities  on    (1)    property  under  its   custody  and  -manage- 
ment; (2)  other  public  property,  under  the  custody  of  other 
municipal  corporations  or  boards,  with  the  consent  of  such 
corporations  or  boards;   (3)  private  property,  with  the  con- 
sent of  the  owners. 


Use  granted. 


An  Act  authorizing  school  boards  to  permit  the  use  of  school  grounds 
and  schoolhouses  as  community  or  recreation  centers  for  the  en- 
tertainment and  education  of  the  people  and  for  the  discussion  of 
all  topics  tending  to  the  development  of  personal  character  and  civic 
welfare;  to  provide  payment  for  janitor  service  and  other  expenses 
incident  thereto;  and  to  repeal  all  acts  or  parts  of  acts  inconsistent 
herewith. 

[Act  318.  P.  A.  1917.] 

The  People  of  the  State  of  Michigan  enact: 

(552)  SECTION  1.  The  school  board  of  any  city,  village, 
township  or  school  district  in  this  state,  upon  the  written 
application  of  any  responsible  organization  located  in  said 
school  district,  or  of  a  group  of  at  least  seven  citizens  of 
said  school  district,  shall  grant  the  use  of  all  school  grounds 
and  school-houses  as  community  or  recreation  centers  for  the 
entertainment  and  education  of  the  people,  including  the 
adults  and  children  of  school  age,  and  for  the  discussion  of 


GENERAL  SCHOOL  LAWS.  23d 

all  topics  tending  to  the  development  of  personal  character 
and  of  civic  welfare.  Such  occupation,  however,  shall  not 
seriously  infringe  upon  the  original  and  necessary  uses  of 
such  properties.  The  school  board  in  charge  of  such  build- 
ings  shall  prescribe  such  rules  and  regulations  for  their  oc- 
cupancy and  use  as  herein  provided  as  will  secure  a  fair, 
reasonable  and  impartial  use  of  the  same.  The  organization  Applicants 

».,.  i    .  ,,         ,-.  „  ..  responsible 

or  group  of  citizens  applying  for  the  use  of  properties  as  for  damages, 
specified   abov  e  shall  be  responsible   for  any   damage  done etc> 
them  over  and  above  the  ordinary  wear,  and  shall,  if  required, 
pay  the  actual  expense  incurred  for  janitor  service,  light  and 
heat. 

Sec.  2.     Repeals  all  acts  or  parts  of  acts  inconsistent  with  the  provisions  of 
this  act. 


APPENDIX 


31 


APPENDIX. 


FORMS  FOR  PROCEEDINGS  UNDER  THE  SCHOOL  LAWS. 


FORM  No.  1. 

Notice  by  the  clerk  of  the  township  board  to  a  taxable  inhabitant  of  a  district  of 

the  time  of  its  formation. 

[See  sections  27,  28.] 

To  A B 

SIB — The  township  board  of  the  township  of have  formed  a  school 

district  in  said  township,  to  be  known  as  district  No and  bounded  as  fol- 
lows: [Here  insert  the  description.] 

The  first  meeting  of  said  district  will  be  held  at on  the 

day  of 19 ,  at  o'clock,  .  .M.,  and  you  are  instructed 

to  notify  every  legal  voter  of  said  district  of  the  same,  at  least  five  days  previous 
to  said  meeting,  either  personally  or  by  leaving  a  written  notice  at  his  place  of 
residence.  You  will  indorse  on  this  notice  a  return,  showing  each  notification, 
with  the  date  or  dates  thereof,  and  deliver  the  same  to  the  chairman  of  said  meet- 
ing. 

Dated  this day  of 19 

(Signed.)  C D 

Clerk  of  the  Township  Board. 


FORM  No.  2. 

Notice  of  first  meeting — when  made  in  writing  to  be  left  at  the  house  of  every 

legal  voter. 

[See  sections  27,  28,  42.] 

To  C D 

SIB — School  district  No of  the  township  of having  been  formed 

by  the  township  board,  you,  as  a  legal  voter  in  said  district,  are  hereby  notified 

that  the  first  meeting  thereof  will  be  held  at ,  on  the day  of 

19 ,  at o'clock. . .  .M. 

Dated  this. . . day  of ,  19 

(Signed.)  A.. B , 

[The  person  appointed  to  give  notice.] 


244 


APPENDIX. 


FORM  No.  3. 

Endorsement  upon  the  notice  (Form  No.  1)   by  Taxable  Inhabitant. 
[See  sections  27,  28,  42.] 

I,  A B ,  hereby  return  the  within  (or  annexed)  notice,  hav- 
ing notified  the  qualified  voters  of  the  district,  as  follows: 


NAMES. 


DATE. 


How  NOTIFIED. 


A B January  1,   19 Personally. 

C D January  1,   19 Written  notice. 

E F January  2,   19 Personally. 

Dated  this day-of ,  19 

(Signed.)  A B , 

> 

FORM  No.  4. 

Notice  by  Township  Clerk  to  Director,  of  Alteration  in  District. 
[See  section  36.] 

To  the  Director  of  School  District  No ,  Township  of 

SIR — At  a  meeting  of  the  township  board  of  the  township  of held 

19 ,  the  boundaries  of  school  district  No.  . .,  township  of , 

were  altered  in  such  manner  that  the  territory  of  said  district  now  includes  the 
following:  [Here  insert  the  description.] 

Dated  this day  of 19 

(Signed.)  C D , 

Clerk  of  the  Township  Board. 

FORM  No.  5. 

Notice  of  Meeting  of  Township  Board. 
[See  section  33.] 

NOTICE — A  meeting  of  the  township  board  of  the  township  of ,  will 

be  held  at ,  on  the day  of 19 ,  at 

o'clock  .  .M.,  for  the  purpose  of  [here  insert  every  object  that  is  to  be  brought  be- 
fore the  meeting,  and  if  for  the  purpose  of  changing  boundaries  of  districts,  state 
the  alterations  proposed.] 

Dated  this day  of ,  19 

(Signed.)  A B 

Clerk  of  the  Township  Board. 


APPENDIX.  245 


FORM  No.  6. 

Appointment  of  District  Officers  by  Township  Board. 
[See  section  48.] 

The  undersigned  members  of  the  township  board  of  the  township  of , 

do  hereby  appoint  A B [director,  moderator  or  treasurer,  as 

the  case  may  be]  of  school  district  No ,  in  said  township,  the  district  board 

having  failed  to  appoint. 

Dated  this day  of ,  19 

C D 

E F 

G H , 

Township  Board. 


FORM  No.  7. 

Notice  to  Township  Board  requesting  it  to  fix  School  Site. 
[See  section  102.] 

To  the  Township   Clerk  of Township: 

You  are  hereby  notified  that  the  legally  qualified  voters  resident  in  school  dis- 
trict No ,  township  of ,  county  of ,  are  unable  to  fix  a 

school  site  for  said  district  and  you  are  hereby  requested  to  call  a  meeting  of  the 

township  board  of  the  township  of ,  for  the  purpose  of  fixing  a  site  for 

said  school  district. 

Dated  this day  of ,  19 

(Signed.)  A B 

Director. 


FORM  No.  8. 
• 

Certificate  to  be  given  to  the  Director  of  a  School  District,  by  the  Township  Board 

when  it  establishes  a  Site. 

[See  section  102.] 

The  inhabitants  of  school  district  No township  of  hav- 
ing failed,  at  a  legal  meeting,  to  establish  a  site  for  a  schoolhouse,  the  township 
board  hereby  certifies  that  it  has  determined  that  the  said  site  shall  be  as  fol- 
lows: [Here  insert  description.] 

Given  under  our  hands  this day  of ,  19 

A B , 

C D , 

E F 

Township  Board. 


FORM  No.  9. 

Notice  to  Township  Board  of  consent  to  consolidation  of  School  Districts. 

[See  section  34.] 

To  the  Township  Clerk  of Township: 

SIR — At  a  meeting  of  the  legally  qualified  voters  of  school  district  No 

township  of held 19 ,  the  question  of  disbanding 

the  present  organization  of  said  district  and  uniting  its   territory  with  that  of 


246  APPENDIX. 


other  school  districts  was  submitted resident  taxpayers  of  the  district 

were  present.     The  result  of  the  vote  was  as  follows:    Number  of  votes  in  favor 

of  disbanding  the  district  ;   number  of  votes  opposed  to  disbanding  the 

district You  are  hereby  notified  that  a  majority  of  the  resident  taxpay- 
ers of  said  school  district  No of  the  township  of has  con- 
sented to  the  disbanding  of  said  district  and  the  consolidation  of  its  territory  with 
other  districts  and  you  are  hereby  requested  to  call  a  meeting  of  the  township 

board  of township  at  the  earliest  possible   date  to  dispose  of  the 

territory  and  property  of  said  school  district  No township  of 

Dated  this day  of 19 

(Signed.)  A B 

Director. 


FORM  No.  10. 

Petition  by  resident  taxpayers  of  the  School  District,  giving  consent  to  the  dis- 
banding of  School  District  and  consolidation  of  territory. 

[See  section  34.] 

Michigan ,  19 

To   i*ie  Township  Board  of   Township,  County  of ,   State 

of  Michigan: 

The  undersigned,  resident  taxpayers  of  the  school  district  No ,  in  the 

township  of ,  do  hereby  give  consent  that  the  organization  of  said 

school  district  No ,  township   of shall  be  dissolved  and  that 

the  territory  of  said  school  district  No of  the  township  of 

shall  be  divided  or  consolidated  with  other  school  districts  as  in  the  judgment  of 
the  township  board  may  be  deemed  best. 

(Signatures.) 


FORM  No.  11. 

Notice  of  Annual  Meeting. 
[See  section  39,  41,  66.] 

NOTICE — The  annual  meeting  of  school  district  No of  the  township  of 

,  for  the  election  of  school  district  officers  and  for  the  transaction  of 

such  other  business  as  may  lawfully  come  before  it,  will  be  held  at ..., 

on  Monday,  the day  of  July,  19 ,  at o'clock     .  .M. 

Dated  this day  of  June,  19 

(Signed.)  A B 

Director. 


APPENDIX.  247 

FORM  No.  12. 

Request  to  be  made  by  five  Legal  Voters  of  a  District  to  the  District  Board  for  a 

Special  Meeting. 

[See  section  .40.] 

To  the  District  Board  of  School  District  No (or  to  A B , 

one  of  the  District  Evard)  : 

The"  undersigned,  legal  voters  of  school  district  No . .  of  the  township  of 

request  you,  in  pursuance  of  section  15,  of  chapter  II  of  the  general 

school  laws  of  1881,  to  call  a  special  meeting  of  said  district,  for  the  purpose  of 


Dated  this day  of ,  19 

Signed.) 


c  

D  , 

E  

F  , 

G  

..'...     H  , 

I  

K  

L.. 

M.. 

FORM  No.  13. 

Notice  of  Special  Meeting. 
[See  sections  40,  41.] 

NOTICE — A  special  meeting  of  the  legal  voters  of  school  district  No ,  in 

the  township  of ,  called  on  the  written  request  of  five  legal  voters  [or 

called  by  the  district  board,  as  the  case  may  be],  will  be  held  at   on 

the day  of ,  19 at o'clock  .  .M.,  for  the  purpose 

[here  insert  every  object  that  is  to  be  brought  before  the  meeting.] 

(Signed.)  A B 

Director. 


FORM  No.  14. 

Appointment  of  District  Officers  by  District  Boards. 
[See  sections  48,  121,  302.] 

The  undersigned,  members  of  the  district  board  of  school  district  No ., 

township  of  do  hereby  appoint  A B [director, 

moderator,  or  treasurer,  as  the  case  may  be]  of  said  district  to  fill  the  vacancy 

created  by  the  [removal,  resignation  or  death,  etc.]  of  C D 

the  late  incumbent. 

Dated  this day  of 19 

E F 

G..  H 


248  APPENDIX. 


FORM  No.  15. 

Acceptance  of  office  by  District  Officers,  to  be  filed  with  the  Director. 
[See  sections  50,  121,  139,  300.] 

I  do  hereby  accept  the  office  of in  school   district  No of 

the  township  of 

Dated  this day  of ,  19 

(Signed.)  A B 


FORM  No.  16. 
Affidavit  of  District  Officers  to  accompany  acceptance. 

[See  section  50.] 
STATE  OF  MICHIGAN, 

COUNTY  OF 

being  duly  sworn,  says  that  he  has  been  elected  to  the 

office  of in  school  district  No of  the  township  of 

that  he  is  a  legally  qualified  voter  in  school  meetings  of  said  district,  that  his 

name  appears  on  the  assessment  roll  of township  and  of  said  district, 

and  that  he  is  the  owner  in  his  own  right  of  the  property  so  assessed. 


Subscribed  and  sworn  to  before  me,  a 

,  this day  of 

.,  A.  D.  19.. 


My  commission  expires 


FORM  No.  17. 

Treasurer's  Bond. 

[See  sections  71,  301.] 

KNOW    ALL    MEN    BY    TIJESE    PRESENTS!       That     W6,    A B 

treasurer  of  school  district  No township  of ,   county  of. 

and  state  of  Michigan,   and , 


[his  sureties],  are  each  held  firmly  bound  unto  said  district  in  amounts  as  fol- 
lows: C D $ ;  E F $ ;  G H 

$ ;    I J $ etc.,   the   total   amount   of  the   bond   being 

$ to  be  paid  to  said  district;   for  the  payment  of  which  sums  and 

sum  well  and  truly  to  be  paid,  we  bind  ourselves,  our  heirs,  executors,  and  ad- 
ministrators, jointly  and  severally,  firmly  by  these  presents. 

The  condition  of  the  above  obligation  is  such  that  if  the  said 

treasurer  as  aforesaid,  shall  faithfully  discharge  the  duties  of  his  office  as  treas- 
urer of  said  school  district,  and  shall  well  and  truly  pay  over  to  the  person  or 
persons,  entitled  thereto  upon  the  proper  order  therefor,  all  sums  of  money  which 
shall  come  into  his  hands  as  treasurer  of  said  district,  and  shall,  at  the  expiration 
of  his  term  of  office,  pay  over  to  his  successor  in  office  all  moneys  remaining  in 


APPENDIX.  249 


his  hands  as  treasurer  aforesaid,  and  shall  deliver  to  his  successor  all  books  and 
papers  appertaining  to  his  said  office,  then  this  obligation  shall  be  void,  other- 
wise of  full  force  and  virtue. 

Sealed  with  our  seals  and  dated  this day  of ,  19. ... 

A B ,  [L.  s.] 

C D [L.  s.] 

E.... F [L.S.] 

G H [L.  s.] 

Signed,  sealed  and  delivered  in  presence  of 


We  approve  the  within  bond. 

(Signed.)  K L Moderator. 

M N ,  Director. 

Justification  of  Sureties  on  the  foregoing  Bond. 

C D and   E ...    F *. . . .    and   G 

H and  I J ,  the  sureties,  whose  names  are  sub- 
scribed to  the  above  bond,  being  duly  sworn,  each  for  himself,  says  that  he  is  a 
resident  in  said  county  and  is  worth  the  sum  specified  after  his  name  in  said  bond, 
over  and  above  all  his  debts  and  liabilities,  exclusive  of  property  exempt  from 
execution. 

Subscribed  and  sworn  to  before  me,  a in  and  for  said 

county,  this day  of 19 


My  commission  expires. 


FORM  No.  18. 

Order  upon  the  Treasurer  for  Moneys  to  be  Disbursed  ~by  him,  with  Receipt 

attached. 

[See  sections  66,  71.] 

Treasurer  of  School  District  No ,  Township  of : 

SIR — Pay  to the  sum  of dollars  out  of any 

moneys  in  your  hands  belonging  to  the  [here  insert  name  of  fund  on  which  order 
is  drawn,  as  "teachers'  wages,"  general,  etc.]  fund,  on  account  of  [here  state  the 
object  for  which  the  order  was  drawn.] 

Dated  this day  of 19 

(Signed.)  A t    B 

Director. 
[Countersigned] 

C D ,  Moderator. 

Received  of  E F ,  treasurer  of  school  district  No 

the  amount  specified  in  the  above  order. 

G..  H 


250  APPENDIX. 


FORM  No.  19. 

Warrant  upon  Township  Treasurer  for  Moneys  belonging  to  School  District. 
[See  sections  66,  71,  84,  307.] 

Treasurer  of  the  Township  of : 

SIB — Pay  to  A B treasurer  of  school  district  No 

in  said  township,  the  sum  of dollars,  out  of  [here  insert  the  particular 

fund],  in  your  hands  belonging  to  said  district. 

Dated  this day  of 19. ... 

C D , 

Director. 
[Countersigned] 
E. . P ,  Moderator. 


FORM  No.  20. 

Notice  to  Township  Clerk  of  the  establishment  of  school  district  library. 

[See  section  131.] 

To  the  Township  Clerk  of Township: 

You  are  hereby  notified  that  school  district  No of  the  township  of 

,  at  the  annual  [or  special]  meeting  held  on  the day  of 

19 ,  voted  to  establish  a  district  library  under  the  provisions  of  section  5745, 

C.  L.  1915,  as  amended.    You  are  hereby  requested  to  apportion  to  said  school  dis- 
trict its  just  proportion  of  any  books  now  in  the  township  library  of 

township  according  to  the  number  of  children  in  this  district. 

(Signed.)  A B 

Director. 


FORM  No.  21. 

Notice  to  Township  Clerk  of  taxes  voted  by  School  District. 
[See  section  45.] 

To  the  Clerk  of  the  Township  of. ., ,  County  of : 

You  are  hereby  notified  that  at  the  (annual  or  special)  meeting  of  legally  quali- 
fied voters  of  school  district  No ,  township  of the  following 

taxes  were  voted  to  be  spread  upon  the  property  of  the  district  for  the  ensuing 
year  under  the  provisions  of  section  5667,  C.  L.  1915,  as  amended: 

For  school  sites  $ 

For  building   schoolhouse ., 

For    library 

For   indebtedness , 

[Specify  other  items.] 

Total  tax   $ 

Said  sums  you  will  report  to  the  supervisor  to  be  assessed  upon  the  taxable 
property  of  said  district  in  accordance  with  the  provisions  of  law. 

Dated  at this day  of ..,  19 

A ,.     B ,  Director. 

C D ,  Moderator. 

E F ,  Treasurer. 


APPENDIX.  251 


FORM  No.  22. 

Notice  to  Township  Clerk  of  taxes  voted  by  district  board  under  the  provisions 

of  section  54. 

[See  section  54.] 

To  the  Clerk  of  the  Township  of ,  County  of : 

You  are  hereby  notified  that  the  district  board  of  school  district  No 

township  of ,  at  a  meeting  of  said  board  held  on  the day 

of   ,  19 ,  estimated  and  voted  taxes  for  the  following  purposes,  to 

be  levied  upon  the  property  of  said  school  district  for  the  ensuing  year: 

Teachers'   wages    $  

School  furnishings  and  appurtenances 

Care  of  property 

Water  supply    , ,. . : 

Premium   on  bonds 

Transportation    of   pupils    

Record  books  and  blanks 

Deficiencies    ,. ,     

Services  of  officers   

Flag   and   flag   staff 

Free  textbooks '. 

General   tuition ,     . ., 

Tuition  of  eighth  grade  pupils 


Total    $ 

Said  sums  you  will  report  to  the  supervisor  to  be  assessed   upon  the  taxable 
property  of  said  district  in  accordance  with  the  provisions  of  law. 

Dated  at this day  of 19 

A B Director. 

C D ,  Moderator. 

E F. ,  Treasurer. 


FORM  No.  23. 

Notice  by  the  Township  Treasurer  to  the  Township  Clerk  of  Moneys  to  be  Appor- 
tioned to  Districts. 

[See  sections  84,  85.] 

To  the  Clerk  of  the  Township  of... ,  County  of : 

SIR— I  have  now  in  my  hands  for  apportionment  to  the  several  school  districts 
of  this  township  the  following  moneys: 

Primary   school   interest   fund $ 

Library  moneys  received    from   county   treasurer 

One-mill  tax    ' 

Surplus  dog  tax 

District  taxes • 

Special  funds   • 

Dated  this day  of ,19 

A B 

Township  Treasurer. 


252 


APPENDIX. 


FORM  No.  24. 

Notice  "by  the  Township  Clerk  to  the  Township  Treasurer,  of  the  Apportionment 

of  Moneys  to  Districts. 

[See  sections  75,  76.] 

To  the  Treasurer  of  the  Township  of ,  County  of. ., : 

SIR — Herewith  find  a  statement  of  the  number  of  children  of  school  age  in  each 
school  district  of  this  township,  entitled  to  draw  public  moneys,  and  the  amount 
of  moneys  apportioned  to  each  of  said  districts: 


Districts. 

No.  of  children  in 
district. 

Primary  school  in- 
terest fund. 

i 
•jjj 

One-mill  tax. 

1 
•1 
| 

District  taxes. 

Special  funds. 

Total  to  each  dis- 
trict. 

District  No  1 

$ 

$ 

$ 

$ 

$ 

$ 

$ 

District  No  2  fr'l 

Total  

$.•  

$  

$  

$  

$  

$  

S  

Dated  this day  of 19 


FORM  No.  25. 
Notice  by  Township  Clerk  to  Directors,  of  Moneys  belonging  to  the  Districts. 

[See  section  76.] 
A B ,  Director,  School  District  No ,    Township 


of 


SIR — The  amount  of  school  moneys  apportioned  to  school  district  No 

township  of ,  is  as  follows: 

Primary  school  interest  fund   $ 

Library  moneys  received  from  county  treasurer 

One-mill    tax    , 

Surplus  dog  tax 

District  taxes   

Special    funds     


Total 


Dated  this day  of ,  19 

A, 


Township  Clerk. 


APPENDIX. 


253 


FORM  No.  26. 

Certificate  &?/  the  Township  Clerk  to  the  Supervisor,  of  district  taxes  to  be 

assessed. 

[See  section  74.] 

Supervisor  of  the  Township  of ,  County  of 

SIR — I  hereby  certify  that  the  following  is  a  correct  statement  of  moneys  pro- 
posed to  be  raised  by  taxation  for  school  purposes  in  each  of  the  several  school 
districts  of  this  township,  as  the  same  appears  from  the  reports  of  the  district 
boards  of  the  several  districts  now  on  file  in  my  office: 


Districts. 

For  teachers' 
wages. 

For  building 
purposes. 

For  free  text- 
books. 

i« 

.sj 

I1' 

For  general 
expenses. 

-For  library. 

! 

For  tuition. 

1 

& 

1 

District  No.  1  

$  

$.  

$  

$  

$  

$  

$  

$  

$ 

$ 

District  No.  2,  fr'l  

• 

Which  amounts  you  will  assess  upon  the  taxable  property  of  each  of  said  dis- 
tricts in  accordance  with  the  provisions  of  law. 

Dated  this day  of 19 

A B 

Township  Clerk. 


FORM  No.  27. 

Deed  to  school  district. 

[See  section  53.] 

KNOW  ALL  MEN  BY  THESE  PRESENTS  i      That  A B and 

C D ,  his  wife,  of  the  township  of ,  county 

of and  state  of ,  part. .  of  the  first  part,  for  and  in  con- 
sideration of  the  sum  of dollars,  to paid  by  the  district  board 

of  school  district  No ,  of  the  township  of ,  county  of , 

and  state  of  Michigan,  the  receipt  whereof  is  hereby  acknowledged,  do. .   hereby 

grant,  bargain,  sell,  and  convey  to  school  district  No aforesaid,  the  party 

of  the  second  part,  and  their  assigns  forever,  the  following  described  parcel  of 
land,  namely  [here  insert  description] ;  together  with  all  the  privileges  and  ap- 
purtenances thereunto  belonging,  to  have  and  to  hold  the  same  to  the  said  party 
of  the  second  part  and  their  assigns  forever.  And  the  said  part.,  of  the  first 
part  for  themselves,  their  heirs,  executors,  and  administrators,  do  covenant,  grant, 
bargain,  and  agree,  to  and  with  the  said  party  of  the  second  part  and  their  as- 
signs, that,  at  the  time  of  the  ensealing  and  delivery  of  these  presents,  they  were 
well  seized  of  the  premises  above  conveyed,  as  of  a  good,  sure,  perfect,  absolute 
and  indefeasible  estate  of  inheritance  in  the  law,  in  fee  simple,  and  that  the  said 
lands  and  premises  are  free  from  all  encumbrances,  whatever;  and  that  the  above 
bargained  premises,  in  the  quiet  and  peaceable  possession  of  the  said  party  of  the 
second  part  and  their  assigns,  against  all  and  every  person  or  persons  lawfully 
claiming  or  to  claim  the  whole  or  any  part  thereof,  they  will  forever  warrant  and. 
defend. 


254  APPENDIX. 


In  witness  whereof,  the  said  A  ............     B  ............  and   C  ............ 

D  .............  .  .,  his  wife,  party  of  the  first  part,  have  hereunto  set  their  hands 

and  seals,  this  ............  day  of  ............  ,  19  ---- 

A  .  .  ..........     B  ............  ,  [SEAL] 

C  ............     D  ............  ,  [SEAL] 

Signed,  sealed  and  delivered  in  presence  of 
E  .......  .  ____     F  ............ 

G  .........  ...     H  ............ 


STATE  OF 
County  of 


On  this  ............  day  of  .............  in  the  year  one  thousand  nine  hundred 

and  ............  ,  before  me,  J  ..........     K  ..........  ,  a  ............  ,  in  and  for 

said   county,   personally   appeared  ............    and  ............  ,   his   wife,   to  me 

known  to  be  the  same  person,  described'  in  -and  who  executed  the  within  instru- 
ment, who  severally  acknowledged  the  same  to  be  their  free  act  and  deed. 

Witness  my  hand  and  official  seal,  the  day  and  year  last  above  named. 

J  ............  •    K  ............  ,   [SEAL] 


My  commission  expires. 


FORM  No.  28. 

Lease  to  school  district. 

[See  section  53.] 

KNOW  ALL  MEN  BY  THESE  PRESENTS  :     That  A B ,  of  the 

township  of .,  county  of ,  and  state  of 

of  the  first  part,  for  the  consideration  herein  mentioned,  does  hereby  lease  unto 

school  district  No ,  in  the  township  of ,  county  of 

and  state  of  Michigan,  party  of  the  second  part,  and  their  assigns,  the  following 
parcel  of  land,  to  wit:  [here  insert  description]  with  all  the  privileges  and  ap- 
purtenances thereto  belonging;  to  have  and  to  hold  the  same  for  and  during  the 

term   of years  from   the ....day  of 19 And 

the  said  party  of  the  second  part,  for  themselves  and  their  assigns,  do  covenant 
and  agree  to  pay  the  said  party  of  the  first  part,  for  the  said  premises,  the  annual 
rent  of dollars. 

In  testimony  whereof,  the  said  parties  have  hereunto  set  their  hands  and  seals 

this day  of ,  19 

A B ..,  [SEAL] 

Lessor. 
C D.' , 

E F ,    [SEAL] 

G H 

Board  of  School  District  No of  the Township. 

Signed  and  sealed  in  the  presence  of 

I R.... 

L..  M... 


APPENDIX.  255 


FORM  No.  29. 

Contract  for  building  a  schoolhouse. 
[See  section  53.] 

Contract  made  and  entered  into  between  A B of  the  town- 
ship of in  the  county  of ,  and  state  of  Michigan,  and 

C D E F and  G H , 

composing  the  district  board  of  school  district  No of  the  township  of 

,  in  the  county  of ,  and  state  of  Michigan,  and  their  suc- 
cessors in  office. 

In  consideration  of  the  sum  of  one  dollar  in  hand  paid,  the  receipt  whereof  is 

hereby  acknowledged,  and  of  the  further  sum  of dollars,  to  be  paid  as 

hereinafter  specified,  the  said  A B hereby  agrees  to  build  a 

schoolhouse,  and  to  furnish  the  material  therefor,  according  to  the  plans 

and  specifications  for  the  erection  of  said  house  hereto  appended,  and  at  such 
point  in  said  district  as  said  district  board  may  designate.  The  said  house  is  to 
be  built  of  the  best  material  in  a  substantial,  workmanlike  manner,  and  is  to  be 
completed  and  delivered  to  the  said  district  board  or  their  successors  in  office, 

free  from  any  lien  for  work  done  or  material  furnished,  by  the day  of 

,  19 And  in  case  the  said  house  is  not  finished  by  the  time  here- 
in specified,  the  said  A B shall  forfeit  and  pay  to  the 

said  district  board  or  their  successors  in  office,  for  the  use  of  said  district,  the 

sum  of  dollars,  and  shall  also  be  liable  for  all  damages  that  may 

result  to  said  district  in  consequence  of  said  failure. 

The  said  district  board  or  their  successors  in  office,  in  behalf  of  said  district, 

hereby  agrees  to  pay  the  said  A B the  sum  of 

dollars  when  the  foundation  of  said  house  is  finished ;  and  the  further  sum 

of dollars  when  the  walls  are  up  and  ready  for  the  roof;  and  the  re- 
maining sum  of dollars  when  the  said  house  is  finished  and  delivered 

as  herein  stipulated.  It  is  further  agreed  that  this  contract  shall  Tiot  be  sub-let, 
transferred,  or  assigned  without  the  consent  of  both  parties. 

Witness  our  hands  this day  of 19 

A B 

Contractor. 

C D 

E F , 

G H 

District  Board. 


FORM  No.  30. 

Contract  between  district  board  and  teacher. 
[See  sections  58,  122,  305.] 

It  is  hereby  contracted  and  agreed  between  the  district  board  of  school  district 

No in  the  township  of ,  county  of and  state  of 

Michigan,  and   A B a  legally  qualified   teacher  in  said 

county  and  township,  that  the  said  A B . . .  •. shall  teach  the 

school  of  said  district  for  the  term  of. months,  commencing  on  the 

day  of ,  19 and  that  there  shall  be vacation  periods  of 

days  beginning  on  the  following  dates : 

The  said  A B agrees  to  faithfully  keep  a  correct  list  of 

the  pupils,  grade  and  age  of  each  attending  school;  to  faithfully  observe  and  en- 
force the  rules  and  regulations  established  by  the  district  board  of  said  district 
for  the  external  management  of  said  school  and  endeavor  to  preserve  in  good  con- 
dition and  order  the  school  grounds,  furniture  and  such  other  district  property  as 


256  APPENDIX. 


may  come  under  h....    supervision.     The  said  A B further 

agrees  to  teach  the  subject  of  physiology  and  hygiene  with  special  reference  to 
the  effects  of  alcoholic  drinks  and  narcotics  as  is  required  by  law,  also  to  give  in- 
struction in  regard  to  the  mode  by  which  dangerous  communicable  diseases  are 
spread,  the  best  methods  for  the  restriction  and  prevention  of  such  diseases,  and, 
will  report  the  facts  in  regard  to  all  such  instruction  to  the  director  at  the  close 

of  the  school  term  or  year.    The  said  A B further  agrees 

to  prepare  a  report  at  the  close  of  the  school  term  or  year  showing  the  foregoing 
facts,  also  the  number  of  days  each  pupil  attended  school,  the  aggregate  attend- 
ance, the  average  daily  attendance,  and  the  percentage  of  attendance,  together 
with  such  other  items  as  the  said  district  board  or  the  commissioner  of  schools 
may  require,  and  that  all  this  information  and  all  these  reports  shall  be  placed 
in  the  hands  of  the  director  at  the  close  of  the  school  term  or  year  and  prior  to 
receiving  the  wages  for  the  last  month's  labor. 

The  said  district  board,  in  behalf  of  said  district,  agrees  to  provide  a  water 
supply  for  the  school,  to  keep  the  schoolhouse  in  good  repair,  and  the  school 
grounds  in  good  and  sanitary  condition,  to  provide  proper  and  necessary  fuel, 

to  provide  a  janitor,  or  allow  the  teacher dollars  per  month  for   such 

service,  to  purchase  and  place  in  the  schoolroom  the  necessary  appendages  speci- 
fied in  the  law,  to  provide  the  teacher  and  pupils  with  proper  charts  and  appliances 
for  giving  instruction  in  the  subjects  above  mentioned,  and  to  do  all  things  that 

will  promote  the  welfare  and  success  of  the  school,  and  to  pay  said  A 

B : for  said  services  as  teacher,  to  be  faithfully  and  truly  rendered  and 

performed  as  above  stated,  the  sum  of dollars  per  month,  the  same 

being  the  amount  of  wages  agreed  upon,  to  be  paid  on  or  before  the 

day  of ,  19. .;  provided,  that  in  case  the  said  A B 

shall  be  dismissed  from  school  by  the  said  district  board  for  gross  immorality  or 
violation  of  this  contract,  or  shall  permit  h..  certificate  of  qualification  to  ex- 
pire, or  shall  have  said  certificate  annulled  or  suspended  by  the  county  board  of 
school  examiners  or  other  lawful  authority,  h . .  shall  not  be  entitled  to  any  com- 
pensation from  and  after  such  annullment,  suspension,  or  dismissal. 

In  witness  whereof,  we  have  hereunto  subscribed  our  names  this 

day  of ,  19 

G D ,  Director. 

E F .... ,  Moderator. 

G H ,  Treasurer. 

A B ,  Teacher, 


APPENDIX. 


257 


FORM  No.  31. 
Teacher's  general  register. 
[See  section  58.] 

REGISTER  of  the  school  taught  in  District  No  ,  of  the  township  of  .  .  ,  in  the  county  of  .  .  .  .  ,  and 
State  of  Michigan,  for  the  term  commencing  on  the  day  of  19  ,  and  ending  on  the  
day  of  ,19.... 

STUDIES  PURSUED  BY 
EACH  SCHOLAR. 

•auaiSA'ij 
PUB  A'SojotsA'qj 

. 

I  hereby  certify  that  the  above  is  a  faithful  and  correct  register  of  said  school. 
A  B  ,  Teacher. 

NOTE  —The  above  register,  properly  certified  bv  the  teacher,  should  be  filed  with  the  director  of  the  district  immediately  after  the  close  of  the  school.  Each  column  under  the  head  of  "attend- 
ance in  days"  is  designed  to  embrace  the  number  of  days  present  each  week,  and  the  sum  of  days  wwnf  during  the  term  given  in  the  eighteenth  column  to  the  right  (total  days  attendance). 
The  words  "for  weeks  commencing"  in  the  above  form  refer  to  "January  6"  in  the  left  hand  column  under  the  head  of  "attendance  in  days,  etc.  The  star,  thus  *,  denotes  the  studies  pursued 
by  each  pupil.  To  ascertain  the  "average  daily  attendance"  divide  "total  days'  attendance,"  as  found  in  eighteenth  column  by  exact  number  of  days  the  school  was  taught  during  the  year  by  quali- 
fied teachers.'  To  ascertain  "percentage  of  attendance,"  divide  "average  daily  attendance"  by  total  number  of  pupils  enrolled. 
Under  the  provisions  of  (4680)  Sec.  15,  the  teacher  is  required  to  certify  in  the  register,  before  placing  it  in  the  hands  of  the  director,  whether  or  not  instruction  has  been  given  m  physiology  and 
hygiene,  with  special  reference  to  the  effect  of  alcohol  and  narcotics  upon  the  human  system,  in  the  school  or  grade  presided  over  by  the  teacher. 

-tuaAoo'uto  |       j 

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•Xqd^oao 

* 

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~ttT 

•3ui^u^ 

•SuipBay 

* 

«         * 

•XqdBjSoq^oo 

*         * 

* 

•aouBpua^B  jo  aSB^uaoaaj 

•aouupna^B  A"|rep  aSBiaAy 

j 

•eX«p  ui  aau«pua«B  unoj, 

CO                       OC 

a 

ATTENDANCE  IN  DAYS  FOR  WEEK  COMMENCING. 

:           :           : 

j 

: 

; 

|      : 

•01  A'.renjqaj 

* 

:  i  - 

•gjmuro 

« 

CO 

M9 

•£Z  A\renm?f 

-  I  - 

CO 

•OS^mref 

•«*« 

* 

* 

•gj  Amirnvf        M 

« 

•9  X.rentrej' 

ITS 

« 

CO 

*a3y 

t- 

3 

o 

3 

£ 

& 

Q 
0 

i      : 
PN 

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•ON 

r| 

CO 

CO 

of 


258 


APPENDIX. 


FORM  No.  32. 

Office  of  Commissioner  of  Schools. 
[See  section  357.] 

,  Michigan, 19, 


DEAR  TEACHER— By  the  provisions  of  Act  No.  200  of  the  Public  Acts  of  1905,  as 
amended,  each  teacher  is  required  to  examine  the  census  list  furnished  her  by 
the  director  at  the  opening  of  school,  and  report  to  the  commissioner  the  names 
of  any  children  who  are  not  in  attendance  at  the  public  school.  I  would  like  to 
have  you  report  to  me  each  month  and  at  any  time  when  there  are  any  cases 
of  non-attendance.  You  will  please  fill  out  on  the  appended  form  the  names  of 
children,  their  parents,  and  addresses  in  all  cases  where  the  children  are  not  in 
regular  attendance  and  forward  the  same  to  me  at  once. 

Very  respectfully, 


Commissioner  of  Schools. 


FORM  No.  33. 
Notice  to  commissioner  of  schools  ~by  teacher  of  cases  of  truancy. 

[See  section  357.] 
,  Michigan,   ,  19 


County  Commissioner  of  Schools: 

SIR — You  are  hereby  notified  that  the  following  children,  residents  of  district 

No ,  township  of ,  are  not  in  regular  attendance  at  the 

public  school: 


NAME    OF    CHILD. 

NAME   OF   PARENT. 

ADDRESS. 

Very  respectfully, 


Teacher. 


APPENDIX. 


259 


FORM  No.  34. 

Notice  of  commissioner  of  schools  to  county  truant  officer. 
[See  sections  357,  358.] 

,  Michigan,   ,  ,19, 


Truant  Officer  of , County: 

SIR — You  are  hereby  notified  that  the  following  named  children  in  the  dis- 
tricts and  townships  specified  are  not  in  regular  attendance  at  the  public  schools. 
By  the  provisions  of  Act  No.  200  of  the  Public  Acts  of  1905,  as  amended,  you  are 
hereby  requested  to  investigate  these  cases  of  truancy  or  non-attendance  at 
school  as  is  provided  in  said  act. 


NAME    OF    CHILD. 

NAME    OF    PARENT. 

ADDRESS. 

DISTRICT. 

TOWNSHIP. 

. 

Yours  respectfully, 

County  Commissioner  of  Schools. 


FORM  No.  35. 

Notice  to  parents  or  guardians  in  rural  districts  in  regard  to  truancy. 

[See  section  358.] 


,  Michigan,  19. 


To : 

You  are  hereby  notified  that a  child  at  least  seven  years  of  age 

and  under  sixteen  years,  and  under  your  legal  control,  is  not  attending  the  pub- 
lic school  as  is  required  by  Act  No.  200  of  the  Public  Acts  of  1905,  as  amended. 
You  are  hereby  directed  to  send  said  child  to  the  public  school  in  your  district  on 
the  day  following  the  receipt  of  this  notice  at  nine  o'clock,  with  the  necessary 
books  for  instruction,  and  you  are  further  notified  that  said  child  must  be  in 
regular  and  consecutive  attendance  at  school  during  the  remainder  of  the  school 
year  as  taught  in  your  district. 

Yours  respectfully, 

Served ,19 , 

County  Truant  Officer. 


260  APPENDIX. 


FORM  No.  36. 
Notice  to  teacher  of  formal  notice  to  parent. 

[See  section  358.] 
,  Michigan,   ,  19 


You  are  hereby  notified  that  on ,  19 ,  formal  notice  was  served 

on that  the  child. under  his  control  should  be  in  regular 

and  consecutive  attendance  at  public  school  beginning  on  the  day  following  the  re- 
ceipt of  the  notice.  Please  give  me  immediate  notice  should  the  parent  fail  to 
perform  his  duty  in  accordance  therewith. 

Yours  respectfully, 


County  Truant  Officer. 


FORM  No.  37. 

Notice  by  teacher  (or  commissioner)  to  truant  officer. 
[See  section  358.] 

,  Michigan,  ,  19, 

County  Truant  Officer, 


SIR — You  are  hereby  notified  that the  child 

of of  district  No. ,  township  of did  not 

begin  attendance  at  the  public  school  on  the  date  stated   in  formal  notice,   nor 

has been  in  attendance  since. 

Respectfully, 


Teacher  (or  commissioner.) 


FORM  No.  38. 

Notice  to  truant  officer  in  city  or  village. 
[See  section  358.] 
,  Michigan 19 . 


Truant  Officer  of City   (or  Village  or  Township)  : 

SIR — You  are  hereby  notified  that  the  following  named  children  in  this  city  (or 
village)  are  not  in  regular  attendance  at  the  public  schools.  By  the  provisions  of 
Act  No.  200  of  the  Public  Acts  of  1905,  as  amended,  you  are  hereby  requested  to 
investigate  these  cases  of  truancy  or  non-attendance  at  school,  as  is  provided  in 
said  act. 


APPENDIX. 


261 


NAME    OF    CHILD. 

NAME    OF   PARENT. 

ADDRESS. 

Yours  respectfully, 


Superintendent. 


FORM  No.  39. 

Notice  to  parents  or  guardians  in  cities  or  villages. 
[See  section  358.] 


Michigan ,  19 


To  M , 

No.  .  .  .Street: 


You  are  hereby  notified  that a  child  at  least  seven  years 

of  age  and  under  sixteen  years,  and  under  your  control,  is  not  attending  the  pub- 
lic schools  as  is  required  by  Act  No.  200  of  the  Public  Acts  of  1905,  as  amended. 

You  are  hereby  notified  to  cause  said to  begin  regular  and  consecutive 

attendance  at  the  public  school  on  the  day  following  the  receipt  of  this  notice 

at  nine  o'clock  at  the school,  and  you  are  further  notified  that 

said  child  must  be  in  regular  and  consecutive  attendance  during  the  remainder 
of  the  school  year. 

Respectfully, 

Served ,   19 , 

Truant  Officer. 


FORM  No.  40. 

Notice  to  commissioner  of  schools,  by  teacher,  of  deaf  children  not  in  attendance 

at  schools  for  the  deaf. 


[See  section  36,3.] 


Michigan,  ,  19 , 


County  Commissioner  of  Schools: 

SIR — You  are  hereby  notified  that  the  following  named  children,  residents  of 

district  No township  of have  such  defective  hearing 

that  they  cannot  be  taught  in  the  public  schools,  and  are  not  attending  schools 
for  the  deaf. 


262 


APPENDIX. 


NAME    OF    CHILD. 

NAME    OF   PARENT. 

ADDRESS. 

• 

Yours  respectfully, 


Teacher. 


FORM  No.  41. 

Notice  of  commissioner  or  truant  officer  to  superintendent  of  State  School  for  the 

Deaf. 


[See  section  363.] 


Michigan,   ,  19, 


Superintendent  of  School  for  the  Deaf,  Flint,  Michigan. 

SIR  —  You  are  hereby  notified  that  the  following  named  children  in  the  districts 
and  townships  specified  have  such  defective  hearing  that  they  cannot  be  taught 
successfully  in  the  public  schools,  and  are  not  attending  any  institution  for  deaf 
children. 


NAME    OF    CHILD. 

NAME     OF    PARENT. 

ADDRESS. 

DISTRICT,   TOWNSHIP   OR   CITY. 

Yours  respectfully, 

Commissioner  or  Truant  Officer. 


FORM  No.  42. 

Notice  to  parents  or  guardians  by  truant  officer. 
[See  section  363.] 
................  ,  Michigan,   ..............  ,  19 


To  ................  ...... 

You  are  hereby  notified  that  .................  ,  a  child  seven  years  of  age  and 

under  eighteen  years,   and  under  your  legal  control,  is  reported  to  me  as  hav- 


APPENDIX. 


263 


ing  such  defective  hearing  as  makes  it  impossible  for  such  child  to  be  instructed 
in  the  public  schools,  and  that  said  child  is  not  attending  any  school  for  the  deaf 
as  is  required  by  Act  No.  48  of  the  Public  Acts  of  1907.  It  is  your  duty  and  you 
are  hereby  directed  to  send  such  child  to  a  day  school  for  the  deaf  or  to  the 
State  School  for  the  Deaf  at  Flint,  or  some  other  school  for  the  deaf,  in  accord- 
ance with  the  provisions  of  said  act. 

Yours  respectfully, 


Served ,  19, 


Truant  Officer. 


FORM  No.  43. 

Notice  to  truant  officer  of  blind   children   not   in   attendance   at  State  School  for 

the  Blind. 


[See  section  365.] 


Michigan 19, 


Truant  Officer  of County   (village,  city  or  township): 

SIR — You  are  hereby  notified  that  the  following  named  children  under  your 
jurisdiction,  between  the  ages  of  seven  and  nineteen  years,  and  who  by  reason 
of  defective  eyesight  are  unable  to  receive  instruction  in  the  public  schools,  are 
not  in  attendance  at  the  Michigan  School  for  the  Blind.  Under  authority  of  Act 
No.  116  of  the  Public  Acts  of  1907,  you  are  hereby  requested  to  investigate  these 
cases  and  report  to  the  Superintendent  of  the  School  for  the  Blind  at  Lansing 
at  the  earliest  possible  date  the  facts  in  regard  to  these  children. 


NAME    OF    CHILD. 

N  A  ME     OF     PARE  N  T 

ADDRESS. 

DISTRICT,   TOWNSHIP  OR   CITY. 

- 

Very  respectfully, 

» 

County  Commissioner  of  Schools  or  Superintendent  of  School  for  the  Blind. 


FORM  No.  44. 

Notice  to  truant  officer  to  proceed  against  the  parent. 
[See  section  365.] 


,  Michigan,   ,  19, 


Truant  Officer  oj county,  city  or  township: 

SIR — You  are  hereby  notified  that  the  following  named  children  between  the 
ages  of  seven  and  nineteen  years  are  not  in  attendance  at  the  State  School  for  the 
Blind  in  accordance  with  the  provisions  of  Act  No.  116  of  the  Public  Acts  of  1907, 
and  you  are  hereby  directed  to  proceed  against  the  parent  or  guardian  of  such 
children  under  the  provisions  of  Act  No.  200  of  the  Public  Acts  of  1905  as  amended. 


264 


APPENDIX. 


NAME    OF    CHILD. 

NAME     OF    PARENT. 

ADDRESS. 

DISTRICT,   TOWNSHIP   OR   CITY. 

f 

Very  respectfully, 
Superintendent  of  School  for  the  Blind. 


FORM  No.  45. 
Application  for  Payment  of  Tuition. 


[See  section  464.] 


Michigan,   19 


To  the  District  Board  of  School  District  No Township  of ,, 

County,  Michigan  : 

This  is  to  certify  that  I  am  a  resident  of  school  district  No of  the 

township  of ,  county  of and  the of 

who  has  completed  the  studies  of  the  first  eight  grades  and  holds 

a  county  eighth  grade  diploma    (or   has   completed   eight  grades   of  work   in  a 

graded  district)  and  desires  to  attend  the  high  school  at during  the 

ensuing  year.  I  therefore  request  that tuition  be  paid  by  the  dis- 
trict in  accordance  with  the  provisions  of  Act  No.  65  of  the  Public  Acts  of  1909, 
as  amended. 


(To  be  signed  ~by  parent,  legal  guardian  or  person  in  parental  relation.) 


FORM  No.  46. 

Form  of  Petition  to  be  presented  to  Township  Board  -for  the    Organization    of   a 

Township  Unit  District. 


[See  section  273.] 


Michigan,   '. ,  19. 


To  the  Township  Board  of Township,    County,  Michigan: 

The  undersigned,  qualified  school  electors  of  the  township  of county 

of.. state  of  Michigan,  do  respectfully  request  that  the  proposition  of 

organizing  said  township  into  a  single  school  district  under  the  provisions  of  Act 
No.  117  of  1909,  as  amended,  be  submitted  to  the  people  of  the  township  at  a 
(regular  or  special)  election  to  be  called  by  your  honorable  board  in  accordance 
with  the  provisions  of  section  1  of  said  act. 


APPENDIX.  265 


FORM  No.  47. 
Application  for  Employment  Permit. 

For  children  from  15  to  16  years  of  age,  under  Section  10,  Act  285,  Public  Acts 
of  1909,  as  amended  by  Act  220,  Public  Acts  1911,  and  Act  255  Public  Acts  1915, 
and  Act  280  Public  Acts,  1917. 

•g£  SCHOOL    RECORD. 

Mich., 19 

o  . 

$  »«3  This  is  to  Certify,  That has  been 

S  g  >»  a  regular  attendant  at  the school  as  required 

>>g-M  by  law.    Said  child  has  regularly  attended  said  school  more  than  one 

hundred  days  during  the  school  year  previous  to  arriving  at  the  age  of 
fifteen,  or  during  the  year  just  previous  to  this  date,  and  is  able  to  read 
ftoj?  intelligently  and  write  legibly  simple  sentences   in  the  English  lan- 

guage, and  has  passed  satisfactorily  the  work  of  the  school  up  to  and 
+j  a73  including  the  work  of  the  sixth  grade  as  provided  in  the  course  of 

study  of  the  public  schools,  or  in  case  of  schools  other  than  the  public 
schools  the  equivalent  thereto. 

The  records  of  this  school  show  the  age  of  child  to  be 

o  $*>->-> 

years;   residence St.,  and as 

Signed 

Principal  or  Executive  Officer. 


'gSoWo  TRANSCRIPT   OF   RECORD    OF   BIRTH. 

° 


-sis*?  Mich-> 19---- 

lugf  * 

tog  I  Hereby  Certify,  That  the  following  is  a  true  transcript  of  the  record 

.2  £?.a     g         of  the  birth   of as  shown  by  the 

o  §  £  §  .2         record  of   

"*"* jj a  £ "p.'d  (State  from  what  record  takon.) 

ft    fcft.^8  Place  of  Birth.. 


g  Date  of  Birth 

o^  Signed 


<    fficia    Tite.  ) 

W  O.Q  O  O 


•2.2S2.S  STATEMENT    BY    PHYSICIAN    OF    BOARD    OR    DEPARTMENT    OF    HEALTH. 

-M          °.C 

§£>   ~  o  This  is  to  Certify,  That  I  have  examined  ......................... 

and  in  my  opinion  ____  he  is  fifteen  years  of  age  or  upwards,    is    in 

j>^,g  sound  health  and  physically  able  to  perform  the  work  ----  he  intends 

w-o  £  °    -g  to  do,  and  that  the  weight  of  said  child  is  ....................  Ibs.  and 

•?•§  «  «£  P  height  ............  feet  ..........  inches. 


Signed. 


Physician. 


266 


APPENDIX. 


STATEMENT   BY    PARENT    OR    GUARDIAN. 

I  Hereby  Certify,   That 

was  born  in  the ,  State  of 

on  the day  of 19 ;    is   now years 

of  age;  and  neither  the  above  official  or  religious  record  of  birth  can 
be  procured,  and  that  I  am  the of  said  child.     


*B|1_. 


Signed 


STATE  OF  MICHIGAN, 


(Parent  or  Guardian.) 


ss. 


County  of )  On  this day  of 

19 personally  appeared  before  me, 

who  being  sworn  according  to  law,  deposes  and  says  that  the  foregoing 
statement  is  in  every  respect  true. 

Signed 

(Issuing  Officer.) 


Issuing  Officer  will  detach  here  and  return  these  Reports  to  Applicant. 


One  of  these  blanks  must  be  filled  out. 
and  either  delivered  or  mailed  to  the  officer 
who  granted  the  employment  permit  each 
month.  If  child  is  unemployed  it  must 
attend  school. 


This  is  to  Certify,  That 

to    whom    you 

issued  Employment  Permit  No 

is  employed  by 

at    


Signed 


Dated... 191.. 


Guardian. 


One   of  these   blanks   must   be   filled   out. 
and  either  delivered  or  mailed  to  the  officer 
who  granted   t^e   employment    permit   each 
month.      If    child    is    unemployed    it    must 
attend  school. 


This  is  to  Certify,  That 

to    whom    you 

issued  Employment  Permit  No 

is  employed  by   

at 


Signed 


f  Parent. 
\  Guardian. 


Dated..  ..191.. 


No. 


FORM  No.  48. 


Employment  Permit  for  Children  over  15  and  under  16  Years  of  Age. 

Under  section  *10,  Act  No.  285  Public  Acts  1909  as  amended  by  Act  220  Public 
Acts  1911,  Act  255  Public  Acts  1915  and  Act  280  Public  Acts  1917. 

On  termination  of  the  employment  of  the  child  the  employer  must  forthwith 
surrender  this  permit  to  the  child. 

A  permit  is  necessary  during  vacation  as  well  as  during  school  year. 

Name  of  Child 

Present  Home  or  Residence Street 

City  or  Town , 

Date  of  Birth 

Place  of  Birth 

Description  of  Child :     Color  of  Hair Color  of  Eyes 

Height ft in.     Weight Ibs. 

Distinguishing  Facial    Marks .- 

Signature  of  child 

,  Michigan 19 

This  is  to  Certify,  That  I  have  this  day  received  and  filed  all  papers  required 
by  Sec.  10,  Act  285  of  the  Public  Acts  1909,  as  amended  by  Act  220  Public  Acts 
1911,  Act  255  Public  Acts  1915  and  Act  280  Public  Acts  1917,  and  that  I  have  ex- 
amined the  above  named  child  and  that.... he  can  read  intelligently  and  write 

legibly  simple  sentences  in  the  English  language  and  that he  has  reached  the 

normal  development  of  a  child  of age,  and  is  in  sound  health  and. . .  .he 


APPENDIX.  267 


is  physically  able  to  perform  the  work  which he  intends  to  do,  and  that  the 

services  of  the  child  are  essential  to  the  support  of  itself  or  parent. 
7,  Therefore,  grant  hereby  to  said  child  permission  to  be  employed. 

Signature 

Issuing  Official. 


FORM  No.  49. 
Application  for  Limited  Vacation  Employment  Permit. 

For  children  between  15  and  16  years  of  age,  under  Section  10,  Act  285,  Public 
Acts  of  1909,  as  amended  by  Act  220,  Public  Acts  of  1911  and  Act  255,  Public  Acts 
of  1915,  Act  280,  Public  Acts  of  1917. 

*g  %  g  3  TRANSCRIPT   OF   RECORD    OF   BIRTH. 

«  °f  f Mich., 19. ... 

a£  o^E  7  Hereby  Certify,  That  the  following  is  a  true  transcript  of  the  rec- 

j^'o'E  8         ord  of  the  birth  of as  shown  by  the 

|  8  2        record  of 

£-MOj£fl  (State  from  what  record  taken.) 

0,05^5  Place    of   Birth.. 


Date   of   Birth 


Signed 

U   0)  o  O  "2 

HjfBo3n  (Official  Title.) 

x  o  P.O 

•25  >p.a  STATEMENT    BY    PHYSICIAN    OF   BOARD    OR    DEPARTMENT    OF    HEALTH. 


TTiis  is  to  Certify,  That  I  have  examined 


and  in  my  opinion. ..  .he  is  fifteen   years  of  age  or  upwards,   is  in 

'jjug        sound  health  and  physically  able  to  perform  the  work he  intends 

"•o  £  °    "g      to  do,  and  that  the  weight  of  said  child  is Ibs.  and 

42  2    -3-0  |      height feet inches. 

g  alg  §  Signed 

£3o£a  Physician. 

STATEMENT   BY   PARENT   OR    GUARDIAN. 

o      £3 

i* 


7  Hereby  Certify,  That 


O  jb 

"g  °.2-2  was  born  in  the State  of. 

*£zi£  on  the day  of 19 ;    is  now years 

of  age;  and  neither  the  above  official  or  religious  record  of  birth  can 
0  %n~"  be  procured,  and  that  I  am  the..  ..of  said  child. 

13  "•*  O  T3 

,2     ^  a M 

Signed 

(Parent  or  Guardian.) 
STATE  OF  MICHIGAN,  ) 

Z  b  >  8  *  ?  SB. 

g8^ag        County  of )  On  this day  of 

19 ,  personally  appeared  before  me, 

who  being  sworn  according  to  law,  deposes  and  says  that  the  foregoing 
statement  is  in  every  respect  true. 


Signed 

(Issuing  Officer.) 


268  APPENDIX. 


FORM  No.  50. 
No 

Limited  Vacation  Employment  Permit  for  Children  between  15  and  16  Years  of 

Age. 

Under  Section  10,  Act  No.  285,  Public  Acts  1909,  as  amended  by  Act  220,  Public 
Acts  1911;  Act  255,  Public  Acts  1915  and  Act  280,  Public  Acts  1917. 

On  termination  of  the  employment  of  the  child  the  employer  must  forthwith 
surrender  this  permit  to  the  child. 


Name  of  Child 

Present  Home  or  Residence -. Street 

City  or  Town 

Date  of  Birth , 

Place  of  Birth 

Description  of  Child:  Color  of  Hair Color  Eyes 

Height ft in.     Weight Ibs. 

Distinguishing  Facial  Marks 

Signature  of  child , 


Mich..,  ..19, 


This  is  to  Certify,  That  I  have  this  day  received  and  filed  all  papers  required 
by  ,Sec.  10,  Act  285  of  the  Public  Acts  1909,  as  amended  by  Act  220  Public  Acts 
1911,  Act  255  Public  Acts  1915  and  Act  280  Public  Acts  1917,  and  that  I  have  ex- 
amined the  above  named  child  and  that he  has  reached  the  normal  develop- 
ment of  a  child  of age,  and  is  in  sound  health  and he  is  physically 

able  to  perform  the  work  which he  intends  to  do. 

/,  Therefore,  grant  hereby  to  said  child  permission  to  be  employed  during  the 

vacation  ending  MONDAY,  SEPTEMBER 191 Saturday day  of 

191 ,  Holiday day  of 191 

Signature 

Issuing  Official. 


INDEX. 


INDEX. 


The   references  are   to   compiler's   sections. 
A. 

ACADEMIES    AND   INCORPORATED   EDUCATIONAL   INSTITUTIONS: 

with  whom  to  file  certain  reports 248 

ACCEPTANCE   OF   OFFICE: 

neglect   to    file,    vacates   office . ". 47 

certain,    filed   with   and   recorded   hy   director 50,  121,  300 

penalty  for  failure  of  district  officer  to  file 140 

ACCOUNTS : 

school  district,  superintendent  of  public  instruction  to  audit,  etc 19 

director  to  keep,   of   expenses 66,  122 

of  members  of  board  of  school  examiners,  with  whom  filed 264 

ACTION  : 

against  school  districts,  how  brought,  etc 95-101 

relative    to    obtaining    schoolhouse    site . . 102-116 

certain,  to  be  commenced   by  president  township  board  of  education 281 

ADDITION  : 

to  school  building,  when   approved  by  superintendent  of  public  instruction...^.       539-41 

ADJOURNMENTS  : 

of    district    meetings 45 

of  proceedings  to  obtain    schoolhouse   site 112 

ADMISSION  OF  PUPILS: 

resident 63 

non-resident     64 

to   high    schools    122 

to    kindergarten     ' 233 

to  normal   school    414 

ADVANCED  COURSES  OF  STUDY : 

authorized  in  certain  school  districts 436 

AGE: 

at   which    children   may   attend    school 63,  233,  298 

at    which    education    is    compulsory 350 

AGENTS  FOR  SCHOOL  BOOKS,  ETC.: 

officers,    teachers,    etc.,    not    to   act    as 145, 265 

AGRICULTURAL  COLLEGE: 

Michigan,  superintendent  of  public  instruction  to  supervise  instruction  in 19 

co-operative    work    with,    by    counties 512 

president   of,  member  of  board  of  control   for  vocational   training 517 

AGRICULTURAL  EXTENSION  WORK: 

assenting    to    grant    of    moneys    from    U.    S.   for 513-14 

AGRICULTURAL  SCHOOL: 

examinations    for    admission    to ' 268.  269 

rural,   act  providing  for  establishment    of 493-511 

division   of,  into  classes 494 

AGRICULTURAL   SITES: 

board   of   education    may   acquire 482 

AGRICULTURE,   COUNTY   SCHOOLS   OF: 
(See  county  schools  of  agriculture.) 

ALCOHOLIC  DRINKS: 

text-books  considering  nature   and  effects  of,  how  approved 60,  281 

ALIENS  : 

not   eligible   to   office 49 

ALMSHOUSES: 

children   in,   not   included   in    census 67 

ALTERATION  : 

in    boundaries    of   districts 33-36 

of   schoolhouse    sites    102 

in  boundaries   of  graded  school   districts 123 

of  boundaries  of   township   school  districts 313 

"AMERICA"  : 

applicant    for    eighth    grade    diploma    to    memorize 247 

ANNEXED  TERRITORY  : 

union  of  school  district  in,  to  other  district 190 


272  INDEX. 


The  references  are  to  compiler's  sections. 

ANNUAL  ELECTION  : 

of  trustees  in  cities  of  4th  class 533,  534 

ANNUAL  MEETING  : 

(See  district  meetings.) 
ANNUAL  REPORT: 

of  board  of  education  relative  to  vocational  education 520 

of  state  board   of  control  for  vocational  education 521 

ANNUAL   SCHOOL  ELECTION: 

in  districts  of  third  class,  when  held 327 

notice  of,    how  and  when  given .' 333 

ANNUITY  : 

when    school    teacher   entitled    to 390 

ANNULMENT  OP  CERTIFICATES: 

by   state   board   of   education 250,  412,  413,421 

by  county  board  of   school  examiners 2G2 

APPARATUS : 

tax  may  be  voted   for  purchase  of 45 

APPEAL : 

how  made  from  decision  of  township  board 117-119 

APPENDAGES  TO  SCHOOLHOUSE: 

tax  may  be  voted  to  provide 

to  be  provided  by  director 66 

APPLICATION  : 

for  use  of  schoolhouse,  etc.,  as   recreation    center 552 

APPOINTMENT : 

deputy   and   assistant    superintendent   of   public    instruction 

of  building  committee,  for  schoolhouse   site 45 

duties    of 45 

clerk  of  district  meeting  in  director's  absence 45,  301 

district  officers  in  case  of  vacancy 

person  to  take  school  census 67,  3C 

district  trustees  in   case  of  vacancy 121,  302 

member  of  board  of  school  examiners  in  case  of  vacancy 

county  commissioner  of  schools  in  case  of  vacancy 266 

conductor    of    teachers'    institute 

of  truant  officers    256 

APPORTIONMENT  : 

of    property   on    division    of   district 11,  37,  38,  346 

of   primary    school   interest   fund 22-2- 

by  township   clerk  of  moneys  to  districts 

of  moneys  raised  by  taxes 

township  treasurer's  duties  relative  to .' 

of  one-mill   tax 

on  division  of  districts,   of  moneys 83,  313 

division  of  district,  of  tax  assessed  before,  and  collected  after 

in  fractional  districts,  of  moneys  collected 

of   library    moneys 134, 136 

APPRAISAL : 

of  school  property,  when  township  beard  of  education  to   make 296 

APPROPRIATION  : 

for  state  board  of  library  commissioners 

under  act  for  establishment  of  rural  agricultural   schools.  .  . 

of  sum  equal  to   allotment  of  federal  moneys  for  vocational   education 519 

APPROVED  LIST: 

schools  placed  upon,  not  to  exceed  two  in  county 492 

ART  TEACHER: 

act   to   define   qualifications    of 235-37 

ASSESSMENT  OF  TAXES: 

(See  taxes.) 
ASSESSOR  : 

(See  treasurer.) 
ASSISTANT  SUPERINTENDENT  OF  PUBLIC  INSTRUCTION: 

appointment,    duties    and   salary   of 20 

ASSOCIATIONS  : 

teachers    may    form 380-382 

ASSOCIATIONS   FOR  ESTABLISHING  LOAN  FUNDS: 

number  that  may  incorporate 

articles    of    association,    what    to    contain 440 

classification   of   members 

funds  of,   how  used 

election  of  officers,  when  held 443 

ASSUMPSIT  : 

against  school  district,  justice  of  peace  to  have  jurisdiction 95 

ASYLUMS  : 

children   in,  not  included  in  census 67 

ATHLETIC  FIELDS: 

board  of   education  may  acquire  land  for 482 

ATTACHMENT  : 

to  enforce  attendance  at   certain   proceedings 106 

ATTORNEY  GENERAL: 

to    approve    text-book    dealer's    bond 

when  to  prosecute   text-book  dealer's  bond 220 


INDEX.  273 


The  references  are  to  compiler's  sections. 

AUDITOR  GENERAL: 

when,  to  reimburse  district  maintaining  county  normal  training  classes 477 

to    transmit   statement    to    legislature   of    state   aid   furnished    rural    agricultural 

schools     511 

amounts  due  for  vocational   education   certified  to 520 

B. 

BALLOT : 

form  of,  on  question  of  bond  issue  for  free  public  libraries 151 

for  election  relative  to  organization  of  township  district 273 

for  election  school  district  3rd  class,  who  to  prepare 335 

arrangement    of    names    on    335 

in  submission  of  question  to  classify  certain  school  districts 343 

used  at  special  election  to  decide  question  of  rural  high  schools 455 

at  district  election   for   bonding ; 285 

election   of  officers   to  be  by 46,  90, 122,  299 

school   election,   party  emblems   not   to  be  placed   upon 207 

BARROOM : 

children   not   permitted   in 375 

BILLIARDS : 

children   not   permitted   where,    are   played 375 

BLANK  FORMS: 

for  school  proceedings,  see  appendix. 
BLIND  BABIES: 

act  to  provide  for  care  and  maintenance  of 3G6-370 

BLIND  CHILDREN  : 

compulsory    education    of ..   364,  365 

transportation   of  indigent,   or   parents   of 365 

truant  officer  to  investigate  and   report : 365 

BLIND,   MICHIGAN   SCHOOL  FOR   THE: 

(See  Michigan  school  for  the   blind.) 
BOARD  OF  APPEALS: 

who  to  constitute,  in  appeals   from  township  board 117 

BOARD  OF  CONTROL: 

for  vocational  education,  who  to  compose 517 

BOARD  OF  COUNTY  AUDITORS  : 

certain    expenses   audited   by 264 

BOARD  OF  EDUCATION  : 

when,  may  borrow  money  to  pay  teachers'  wages 

to  report  taxes  voted 55 

to    make   annual    census 67 

when  to  make  triplicate  reports  to  superintendent  of  public   instruction 72 

to  estimate  amount  necessary  for  sites,  etc 90 

authprized  to  impose  tax  to  pay  school  expenses,  etc 

service  of  process  against  school  district  made  upon   president  of 

to  apply  for  jury  in  suit  to  obtain  sites 103 

in   graded  school  districts,  election  and  powers  and  duties  of 120-22 

to  have   charge  of  library 126 

report  of,    relative   to   libraries 133-134 

may   sell   library   books 138 

to  provide  for,  for  certain  cities 159-161 

election  of,  in  newly  organized  city  school  district 

first   meeting,  of,  when   held 

to   be    body    corporate 173 

division   by,  of  city  district  into  precincts 193-201 

may  divide  city  school  districts  into  election  precincts 202-10 

to  name  members  board  of  registration,  etc 

candidates  for,  nominated  by  petition 207 

report  to,  of  violations  of  text-book  act 220 

qualifications  of  certain  teachers,  may  hire 

to   establish    optional   course   of   military   training 240 

township,    powers    and    privileges 273, 281 

secretary,  relative  to  books,   etc.,  of  district 

who  to  constitute,  term  of  office,  etc 

when  to  meet,  officers,  etc 2 ' » 

to  establish,   etc.,  library 

when,   may   borrow   money 

president  of,   duties 

treasurer  of,   duties 

when    to  present   estimate  of  money  needed 

statemeat  of,  relative  to  schools 2.8 

powers  of,  relative  to  text-books ^89 

not  to  act  as  agents  of  publishers «S9d 

when  may  commence  action  to  set  aside  certain  order  of  superintendent  of  public 

instruction 

authority  of,  to  change  city  districts 

to  certify  amount  to  be  raised  for  schools  in   city  districts 

school  district  of  3rd  class,  number  of  members,  etc 

may   call   special   elections 

nomination    of   members,    how   made 

canvass   of  election  returns  by 

35 


274  INDEX. 


The  references  are  to  compiler's  sections. 

BOARD  OF  EDUCATION.— Con. 

secretary  of,  duty  in  election 336 

powers    and    duties    of 340 

when    may    appoint    truant    officers 356 

to   furnish    superintendent   with    census    list 357 

duty  of,  relative  to  fraternities,  etc 378 

authority  of,  to   provide  for  free  public  libraries 147, 148 

of  certain  school  districts  authorized  to  establish  advanced  courses  of  study....  436 

to  vote  tax  for  payment  of  tuition  and  transportation  of  pupils 464,  468 

when,   to   furnish   text-books  free  to   certain   children 469 

when  may  select  member  of  county  normal   board 474 

to  estimate  cost  of  maintaining  county  normal  training  classes 477 

when  county  clerk  to  draw  order  in  favor  of,  for  county  normal  training  classes.  .  47S 

act  authorizing,  to  acquire  lands  for  school,   etc.,   sites 

when,  may  establish  day  schools  for  the  deaf 

of  consolidated  school  district,  election  of 496 

term  of  office   of  members  of 496 

funds  of  districts   turned   over   to 497 

report  of,  relative  to  vocational  education 520 

in  cities  of  fourth  class,  of  whom  to  consist,  election,  etc 533-3(5 

one  member  of,  to  act  as  election  inspector  for  election  of  trustees 535 

(See  state  board  of  education.) 
BOARD  OP  INSPECTORS  : 

at  election  to  vote  on  issuance  of  bonds,  who  to  constitute 90 

at  election  of  school  trustees,  powers,  duties,   etc 535-36 

to  make  poll  list  of  voters  at  election  of  trustees 536 

BOARD  OP  INSTRUCTION: 

of    state    normal    school,    may    grant    certificates 412, 413 

BOARD  OP  LIBRARY   COMMISSIONERS: 

(See  state  board  of  library  commissioners.) 
BOARD  OP  REGISTRATION  :    • 

in  school  district  of  3rd  class,  who  to  be 331 

BOARD  OP   SCHOOL  EXAMINERS  : 

(See  county  board  of  school   examiners.) 
BOARD  OP   SUPERVISORS: 

may  establish  free  public  library 155 

to    appoint    members    of    board    of 156 

certain   school   expenses  audited  by 264 

to  fill  vacancy  in  office  of  county  commissioner  of  schools 266 

to  vote  on  establishment  of  county  normal  training  classes 

amount   to   appropriate    for 477 

appropriation   of  money   by,   county   schools   of  agriculture,    manual    training   and 

domestic    science    483 

to   elect  members   of   county   school   board 484 

when  may  co-operate  with  agricultural  college 512 

BOARD  OF  TRUSTEES: 

of  graded  school  districts,  election  and  term  of  office  of .  120 

officers   of,    how   elected,    etc 

vacancy  in  office  of,  how  filled 121 

powers   and   duties    of 122,  234 

consent  of,  to  be  obtained  in  alteration  of  district 123 

of  village,  when  to  issue  bonds  for  free  public  libraries 149 

to  establish  optional  course  of   military  training 

financial  statement  of  district  to  be  published  by 

penalty  for  neglect  of  duties 

of  township  school  district,  term  of  office,  etc 275 

in  cities,  proceedings  in  changing  boundaries  of   districts 

of  city  districts,  proceedings   relative  to  change  in 

of  rural  high  schools,  when  and  how  elected 456 

term   of    office .  456 

meetings  of,  when  held 457 

special,   how   called    457 

powers    of    457 

salary  and   duties  of  secretary  of 

election   of,   in   cities   of   fourth    class 534 

may  establish  day  schools  for  the  deaf 522-27 

BOARDS : 

authorized   to  examine  teachers,   to  collect  fees 345 

BONDED  INDEBTEDNESS: 

per  capita  tax  to  pay  interest  on,  certain  districts 94 

BONDS : 

of  treasurer,  by  whom  approved  and  where  filed 

majority  vote  required  to  raise  money  and  issue,  in  school  districts 

limitations  as  to  amount  and  time  to  run 

tax  may  be  voted  to    redeem 

how    may    be   paid 93 

liability    of    county    treasurer    on 109 

on  appeal  from  decision   of  township   board 

of  treasurer  of  board  of  education  in    graded  school  districts 121 

townships,   etc.,   authorized   to  issue,   for  free  public   libraries 

issue  of,  in   city   school   districts,   purposes 178 


INDEX.  275 


The  references  are  to  compiler's  sections. 

BONDS.— Con. 

to  be  filed  by  text-book  dealer : 217 

approval    and    renewal    of 218 

when   may    be   declared    forfeited 220 

county   commissioner    of   schools   to   file 257 

of   treasurer   of    township    school    district 284 

when    township    school    district    may    issue 285 

treasurer  of  township   board  of  education   to   give 301 

of  truant  officer  amount,  where  filed,    etc 350 

amount  of,  of  treasurer  of  state  board  of  education : 417 

for  maintenance  of  free  public  libraries  in   cities 148 

of  contractor  to  secure   payment  of  sub-contractor 528 

recovery    to    be    had    on 531 

exemption   of   school,   from    taxation 542 

amount    of,    school    districts    may    issue 543 

BOOKS : 

who  to  adopt,  for  rural  high   schools 457 

(See  record  books,  library  books  and  text-books.) 

BOUNDARIES  : 

notice  of  formation  of  school  districts  to  contain 27 

when   township   board  may  alter,   of    school   districts 33 

who  to  cause  map  made  showing,  of  school  districts 73 

where    filed    73 

consent  of  trustees  necessary  to  change,  of  graded  school  districts 123 

when  township  board  may  divide  or  change,  of  primary  school  district.  .  . 185 

procedure  on   change  of,   of  township   school   district 313 

BRANCHES : 

of  study  to  be  given  in  the  public  schools 60 

BUILDING  COMMITTEE: 

voters  may  appoint,  for  schoolhouse  and  prescribe  duties 45 

BUILDING   FUND: 

what  deemed,   how  used,  etc 45 

BUILDINGS  : 

rural  agricultural  school,  to  be  community  centers 499 

approval  of  plans  for 500 

school,   superintendent  of   public   instruction   may    condemn,    etc 539-41 

BUREAU  OP  INFORMATION: 

establishment  of,  in   office  of  superintendent  of  public  instruction 353 

BUSINESS   MANAGER: 

in  city  school  district,  election   of,  etc 180 

CANVASS :  C- 

of   votes   at   school   elections 206 

of  votes  in   school  district  of  3rd  class,  by  precincts 336 

of  votes  at  election  of  school  trustees : 537 

CARDS : 

children   not  permitted  where,   are  played 362 

CENSUS  OF  SCHOOL  DISTRICTS  : 

when  and  how  taken 67,  281,    295 

penalty  for  false  information  to  enumerators  of 68 

when  enumerators  of,  guilty  of  misdemeanor 

city  school  districts,  who  to  provide  for 182 

list  of,  to   be   furnished  teachers 357 

list   of   blind    children 365 

CENTRAL  MICHIGAN  NORMAL  SCHOOL: 

act    to   establish 425-26 

certain   department   to  be  maintained    at 437 

CERTIFICATE : 

district  board  to  deliver  to  township  clerk,  of  taxes  to  be  assessed 

of  instruction  in  physiology,  when  filed  by  teacher 60 

copy  of,  to  be  filed  by  director  with  township  clerk 

to  supervisor,  of  taxes   to  be  assessed  for  school  purposes 73,  80,  306 

of  court  in  proceedings  to  obtain  site,  what  to  contain 107 

who   may   be  granted,   as   kindergarten,   music,   drawing,   domestic   science   or    art 

teacher     .  . 235-36 

school   teachers',   when   granted,   renewals,   etc 

when  certain  teachers',  to  be  filed  with   commissioner  of  schools 

of  teachers  in  home  economics  in  rural  agricultural  schools 

endorsement    of     502 

CERTIFICATES   OF  GRADUATION  : 

from  county  normal  training  classes,  who  to  grant 475 

CERTIFICATES  OF   QUALIFICATION   TO   TEACHERS: 

non-possession  of,   makes  contract  invalid 58 

regents  of  university  may  grant  certain 

two  regular  examinations  for,  each   year 

county  commissioner  to  sign,  etc 

when  board  of  school  examiners  may  renew,  without  examinations 

how   must   be  signed •. 260 

different    grades    of 

requisite  qualifications    to   obtain 261 


276  INDEX. 


The  references  are  to  compiler's  sections. 

CERTIFICATES  OF  QUALIFICATION  TO  TEACHERS.— Con. 

when,  may  be  suspended  or  revoked 262,  412,  413,  421 

list  of  teachers  having,  to  be  furnished  township  clerk 263 

record  of,  to  be  kept  by  county  commissioner  of   schools 263 

fee  to  be  paid  on  obtaining 345 

when  granted  to  pupils  of  normal  school 412 

state  board  of  education  may  issue 421 

to  issue,  in   normal  schools 437 

of  county   normal   training   classes,    what   to  qualify 476 

how   may    be  renewed 476 

CHAIRMAN  : 

duties  of,   first  meeting  of  district 27 

of  district  meeting,  to  give  oath  to  challenged  voter 43 

may   arrest   disorderly    persons 44 

may  be  appointed   in  absence  of  moderator 45 

penalty  for  neglect  of,  of  first  meeting  of  district  to  perform  duties 139 

CHALLENGE : 

of  voter  at  district  meetings 43,  277 

jf  juror  in  proceedings  to  obtain  site 106 

CHARITABLE  INSTITUTIONS  : 

constitutional   provisions   relative  to 17 

CHILDREN : 

payment  of  tuition  of  certain 11 

when  census  list  of  school,  to  be  taken 67,  305 

compulsory    education    of 355-60 

duties  of  police  officers  relative  to  certain 356-60 

not  permitted  in  saloons,  gambling  houses,  etc 375 

employment   of    376 

how  admitted  to  rural  high  schools 457 

of  indigent  parents,  when  unable  to  attend  school 469-72 

(See  pupils.) 

CHIPPEWA  COUNTY: 

proviso  as  to  election    of  county   commissioner  in 257 

CHRISTMAS  : 

observance  of   by    public   schools 246 

CIRCUIT  COURT  COMMISSIONER  : 

to  be  member  of  board  of  appeals 117 

CITIES  : 

of  250,000  or  over,  qualifications  for  voting  at  school  elections  in 42 

when  census  in,  to  be  compiled 67 

to  provide  for  boards  of  education  for  certain 159-61 

organization  of  school  districts  in  certain 162-84 

division  of  school  districts  of,  into  precincts 193-201 

examination    of   teachers    in    certain 267 

certain,  exempt  from   provisions  of  township  district  act 

proceedings  when,  become  part  of  township  district 274 

act  relative  to  boundaries  of  school  districts  in 314-17 

certain,  when  police  officers  in,  to  act  as  truant  officers 35C 

schools  in   certain,   to   teach   physical  training 435 

maintenance   of    free    public    libraries    in 147-48 

of  4th  class,  to  constitute  single  district 

board  of  education  in,  election,  etc 533 

authorizing,  etc.,  to  operate  systems  of  public  recreation  and  play  grounds 548-51 

CITY  SCHOOL  DISTRICTS: 

when  property  of  annexed  district  vested  in 

union  of  district  with,  when  territory   annexed 187 

board  of  education   may  divide,    into  election   precincts,   referendum 202-10 

CITY  TREASURER: 

ex-officio  treasurer  of  city   school   district 174 

CLAIMS  : 

against  board  of  education  city  school  district,  how   paid,  etc 179 

CLERK : 

director   to  be,  of  district 

who  to  be,  of  district  board  of  education 

of  board  of  trustees  of  rural  high  schools 456 

COLLECTION  : 

relative  to  the,  of  school  taxes 77-86 

of  judgments  against  districts 97-101 

of  fines  for   injuring  library   books 129 

of  penalties   141,  142,  144,  239,  245 

of  damages  for  not  reporting  and  assessing  taxes 

of   institute   fees   from    teachers 365 

COLLEGE  OF  MINES : 

entitled  to  report  of  superintendent  of  public  instruction 449 

COLUMBUS  DAY: 

observance  of,   by   public   schools 246 

COMMERCIAL  TEACHER  : 

act  defining  qualifications  of 235 

COMMISSIONER  OF  SCHOOLS:  . 

(See  county  commissioner  of  schools.) 

COMMUNICABLE  DISEASES  : 

methods  of  prevention  of,  to  be  taught  in  schools 238-39 


INDEX.  277 


The  references  are  to  compiler's  sections* 

COMMUNITY  CENTERS  : 

rural  agricultural  school  building  to  be 499 

use   of    schoolhouse,    etc.,    as 552 

COMPENSATION  : 

of    officers    of    school    district 54, 122,  312 

teachers,    how   paid,    etc 58, 122,  305 

for   taking   census 67 

for  schoolhouse  site  determined  by  jury 107 

in  proceedings  to  obtain  site,  of  officers  and  jury 115 

county  board  of  school  examiners,  of  members 264 

of    county    commissioner    of    schools 264 

of  school  officers  in  attending  county  meeting 271 

of  officers  in  township   school  districts 292 

of  members  of   township   board   of  education 312 

of  election  officers,  school  districts  of  3rd  class 331 

of  truant  officers,  how  paid,   etc 356 

state   board  of   education,   of  members 420 

COMPULSORY  EDUCATION  : 

school  boards  may  furnish  books  in  certain  cases 61 

children    exempted    355 

age  for,  of  children 355 

length  of  time  to  be  sent  to  school 355 

penalty  for  failure  to  comply  with   law 357 

establishment  of  ungraded  schools 359 

when  certain  children  to  be  sent  to 360 

who    considered    truants   under   act 360,  366 

when  children   to  be  sent  to  reformatory  institutions 367 

CONCERT  SALOONS : 

children    not   permitted   in 370 

CONDEMNATION  : 

of  schoolhouses,  power  of  superintendent  of  public  instruction  as   to 540 

by    factory    inspectors    545 

CONDUCTOR : 

who  to  be,  of  teachers'  institutes 348 

CONGRESS  : 

act  of,   granting  money  to  state  for  agricultural    extension  work 313-14 

CONSOLIDATION  : 

of  school   districts    186 

of   school   districts   of  annexed   territory   with    city   district 187 

of    rural    schools    into    rural    agricultural    schools 493 

CONSTITUTIONAL  PROVISIONS  : 

relative    to    primary    school    interest   fund 1-2 

relative  to  officers  of,  and  maintenance  of  educational  institutions 3-17 

CONTIGUOUS    SCHOOL  DISTRICT: 

annexed   territory   to   become  part  of - 323 

CONTRACTOR : 

bond  required  of,  to  secure  payment  of  sub-contractor .' 483 

CONTRACTS  : 

with  teachers    58,   129,  281,  283,   305 

officers  not   to  be  interested  in,  with  districts 

for  use  of  public  library  within  county 157 

for   furnishing   free   text-books  in    township   districts 289 

CORPORATE  POWERS  : 

of  organized  school   districts 

of  teachers'  associations   

of  state   board   of   education 407 

of   associations   for   establishing   loan    funds 439 

COUNTY : 

when  more  than  one,  contributes  to  support  of  school  to  be  placed  on  approved  list 
authorizing  to  operate  systems,  of  public  recreation  and  play  grounds 548-51 

COUNTY  BOARD  OF  SCHOOL  EXAMINERS : 

election   and   term   of   office  of 256 

vacancies  in,  how  filled   256,  266 

schedule  of  meetings  for  special  examinations  to  be  published 

may    hold    special    meetings 259 

meetings  of,  for  examination   of  teachers 

to  whom  may  grant  certificates 260 

grades  of  certificates  issued  by 261 

may   suspend  or    revoke  certificates 

compensation  and  expenses  of  members  of 

when  officers  in  certain  districts  may  examine  teachers 267 

what  schools  exempt  from  supervision   of 267 

(See  county  commissioner  of  schools.) 

COUNTY   CLERK: 

notice  to,  relative  to   primary  school  fund  apportionment 

to  receive  and  dispose  of  communications  of  state  superintendent...... 

apportionment  of  moneys,  duties  of,  relative  to .' 88, 135 

duties  of,  relative   to  reports 88,   142,   304 

duties   in    proceedings   to   obtain    site 110-11 

election  of  school  examiners,  duties  of,  relative  to 256 

duties  of,  relative  to  election  of  county  commissioner  of  schools 257 

copy  of  election  returns  school  district  of  3rd   class,  filed  with. 336 


278  INDEX. 


The  references  are  to  compiler's  sections. 

COUNTY  CLERK.— Con. 

to  draw  order  on  county  treasury  for  institute  moneys 349 

bond  of  truant  officer  filed   with 356 

duties  of,  relative  to  distribution  of  laws,  etc 450-51 

when  to  draw  order  for  county  normal  training  classes 478 

COUNTY  COMMISSIONER  OP  SCHOOLS: 

may  be  removed  for  lack  of  qualifications 19 

to  send  blanks  and  list  of  qualified  teachers  to  township  clerk  and  board  of  edu- 
cation   72 

triplicate  reports  of  township  clerks  made  to 72 

to  be  member  of  board  of  appeals 117 

to  be  member  of  county  library  board 156 

to  be  notified  of  violations  of  school  text-book  law 220 

proof  of  publication  of  proceedings  of  annual  school  meeting,  etc.,  filed  with 243 

when   and   how   elected 256 

to  file  bond  and  acceptance  of  office 256 

term   of  office    257 

election  of,   in  Chippewa  and  Lake  counties 257 

who  eligible  to  office   of 258 

to    hold    certain    examinations 259 

to   prepare    schedule   for    examinations 259 

may   renew    certificates    260 

certificates  to  be  signed  by 260 

may    grant    special    certificates 261 

powers    and    duties    of 263 

to   keep  record  of  examinations 263 

to    counsel    with    teachers 263 

what  annual  reports,  to  receive 263 

to  receive   institute  fees 263 

to  receive  instructions  from   superintendent  of  public  instruction 263 

who,  to  furnish  list  of  teachers 263 

duties  relative   to  visiting  schools 263 

to   make  annual   report   to  superintendent  of   public   instruction 263 

compensation   of,   how   paid,   etc 

expenses  audited  by  board   of  supervisors 264 

not  to  act  as  agent  for   school  books,  etc 265 

vacancy  in  office  of,  how  filled 266 

duties  of,  relative  to  examination  of  candidates  for  agricultural   college 268,269 

to  call  meeting  of  school    officers  of  county 270,  272 

annual  report  of  township  school  districts  to  be  made  to 

to   appoint   truant   officer 356 

to  furnish   truant  officer  with  list  of  teachers 

when,  to  issue  work  permits  to  children 376 

persons  desiring  to  teach  to   file  certificate  with 424 

duties  of,  relative  to  distribution  of  laws,  etc 

librarians  to  make  annual  report  to 

to  whom,  to  transmit  lists  of  libraries 

to  be   member  of  county  normal  board 

duty  of,  as  to  funds  for  county  normal  training  classes 

to   be  member  of   county  school   board 

notice  to,  when  in  favor  of  establishing  rural   agricultural  schools 496 

COUNTY  INSTITUTES: 

(See  teachers'   institutes.) 

COUNTY  LIBRARIES: 

act  to  authorize  creation  of 155 

COUNTY  NORMAL  BOARD: 

how   constituted,   duties,   etc.  .' • 474,  475 

may   renew   certificates 476 

COUNTY  NORMAL  FUND: 

how   constituted,    etc 477 

COUNTY  NORMAL  TRAINING  CLASSES: 

superintendent   of  public   instruction   to  direct    supervision   of 19 

how    established,    managed,    maintained,    etc 473-79 

COUNTY  SCHOOL  BOARDS : 

establishment    of 484 

organization    of 

apportionment    of    expenses 486 

treasurer    of    487 

COUNTY    SCHOOLS   OF   AGRICULTURE: 

establishment    of    483-92 

apportionment    of    expenses    of 486 

instruction    given    in 488 

COUNTY  SCHOOLS  OF  DOMESTIC  ECONOMY: 

establishment    of    483-92 

COUNTY  SCHOOLS  OF   MANUAL  TRAINING  : 

establishment    of 483-92 

COUNTY  TREASURER: 

statements    of    apportionment    filed    with 88, 135 

to  apply  to  state  treasurer  for   certain   moneys 89 

township  moneys  to  be  paid  township  treasurer  by 89 

to  whom,  to  give  notice  of  apportionment  of  school  moneys 89 

liability  of,   on   bond 109 


INDEX.  279 


The  references  are  to  compiler's  sections. 

COUNTY  TREASURER.— Con. 

money   for   schoolhouse    site  "deposited    with 109, 114 

apportionment  of  library  moneys  to  be  made  by 136 

to  set  apart  institute  fees  as  institute  fund 346 

vouchers   for  payment  at  teachers'   institutes    to  be   filed  with 352 

teachers'   institute  fund  to  be  paid  by,  on  order  of  clerk 473 

when    county    clerk   to  draw   order  on,    for   county    normal   training   classes 478 

ex-officio  treasurer  of  county  school  board 487 

COUNTY  TRUANT  OFFICER : 

when,  to  act  in   district   or  township 356 

COURSE  OF  STUDY: 

superintendent  of  public  instruction  to  prepare  and  print 21 

who  to  prescribe  for  schools 60,  122 

advanced,    authorized   in    certain    school    districts 436 

state  board  of  education  to  prescribe  for  normal  schools 437 

who    may    prepare    and    publish    certain 449 

who  to  provide  for  rural  high  schools 457 

by    whom   approved    457 

for    county    normal    training    classes 475 

in    public    institutions,    approval    of 547 

CRIMES   AND  OFFENSES: 
(See  penalty.) 

D. 

DAMAGES: 

who   to   prescribe   penalty   for,   to  library   books 129 

to  be  collected  from  certain  officers  for  neglect  of  duties 144 

DANCE  HOUSES: 

children    not    permitted    in 375 

DAY  SCHOOLS  FOR  THE  DEAF: 

shall    be    established 522-27 

to  report  to  superintendent  of  public  instruction 523 

duties  of  state  treasurer  in  regard  to 524-25 

system   to    be   used   in 526 

w!u>    may    attend    527 

DEAF  CHILDREN  : 

compulsory    education    of 361-63 

DECLARATION  OF  INDEPENDENCE  : 

to  be  read  to  certain  pupils  on  certain  holidays 246 

DEED  : 

for  schoolhouse  site  to  be  obtained  before  building 53 

DEFICIENCY  : 

in   teachers'  wages  fund,  how  provided  for.  . 22 

DELINQUENT   CHILDREN  : 

punishment  of   persons   responsible   for 374 

DELIVERY  OF  BOOKS,  ETC.,  TO  SUCCESSOR  IN  OFFICE  : 

by   superintendent   of  public   instruction 25 

by    district    officers 66,  71 

DEPOSITORY  : 

of    school    funds,    when    designated 71 

DEPOSITS  : 

of  school  funds,  when   made,  etc 71 

DEPUTY   SUPERINTENDENT  OF  PUBLIC   INSTRUCTION: 

appointment    and    duties    of 20 

DEVISES  : 

school  districts  may  accept 480-81 

DIPLOMAS  : 

of  graduates  of  state  normal  school 412,  413,  437 

DIRECTOR : 

notice  of  first  meeting  to  Be  recorded  by 

to  keep   records   relative   to   organization   of  district 31 

to   be  notified  of  alterations  of  district 

appointment  of  clerk  in   absence  of 45 

election  and  term  of  office  of 46,   121,   299 

appointment   of,   in   case  of  vacancy 

acceptance  of  office  of,   where  and   by   whom   filed 50, 121 

to  be  member  of  district  board 51 

register  of  school   to   be  furnished   to 58 

to  have  custody  of  schoolhouse,  etc 59 

to  file  certificate  of  instruction  in  physiology  with  township  clerk '.  . 

to  draw   and   sign   warrants,  orders,   etc 

to  give  notice  of  meetings 

account  of  expenses  to  be  kept  by 

schoolhouse   to   be   kept   in   repair   by 

to    provide    appendages    for    schoolhouse 

to    present    estimates    at    annual    meetings 

accounts  of,  how  kept,  audited,   etc 66,  122 

to  be   clerk    of   district 66,  301 

compensation  of,   for  taking  school   census 67 

census  list  to  be  filed   with   township  clerk   by 67 

annual  school  census   to  be  taken   by 67 

reports  of,   to   be  filed  with   township   clerk 69 


280  INDEX. 


The  references  are  to  compiler's  sections. 

DIRECTOR.— Con. 

of  fractional  district,  to  whom  to  report 70 

and   moderator  to  approve  bond  of  treasurer 71 

to  be  notified  of  apportionment  of  school  moneys 70 

and  moderator  to  certify  payments  to  supervisor 79 

at  election  to  issue  bonds,  to  be  member  of  board  of   inspectors 90 

and  moderator  to  execute  bonds  of  district 91 

service  of  process  against  school   district  made  upon 90 

treasurer    to   certify   to,   judgment   against   district 98 

to  be  notified  of  site  fixed  by  township  board 102 

penalty  for  neglect  to  accept  office  or  perform  duties 140 

to  attend  meeting  of  county  school   officers 271 

compensation     271 

to   furnish  teachers  with  census  list 357 

DISORDERLY  PERSONS : 

to  be  taken  into   custody 44 

juvenile,    who    to    constitute 365-68 

DISTRICT  BOARD: 

when  superintendent  of  public  instruction  to  remove  members  of,  from  office.  ...  19 

when,   may  borrow   money   for  payment  of  teachers'   wages 22 

to    call   meetings   of   district 40 

school    to   be   provided   by 45 

how,  may  determine  certain  matters,  when  meetings  fail 45,  300 

election    and    term    of    office    of 46,  120, 299 

vacancy    in,    what   to   occasion 47 

how     filled 48,  121,  294 

illegal  for  members  of,  to  act  as  publishers'  agent 49 

who  eligible  to  office  on 49 

acceptance   of  office  by   members 50, 121,  300 

who    to    constitute 51, 120,  299 

certain  books,  blanks,  etc.,  to  be  purchased  by 52 

when  may  sell  certain  property  of  district 

site  for  schoolhouse  to  be  leased  or  purchased   by 53,  305 

to  estimate   amount   for   support   of   schools 

when  may  borrow  money  on  strength  of  voted  tax 54 

to    report   taxes   to   be   assessed 

accounting  of  moneys  by - 66 

not  to  pay  money  to  unqualified  teachers 

to  make  statement  of  finances  at  annual   meeting 57,  309 

teachers   to    be    hired    by 58,  122 

to  provide  for  water   supply 59 

when  to  exclude  public  meetings  from  schoolhouse 59 

to  have  care  of  schoolhouse  and   property 

to  provide  for  instruction  in  physiology 60 

to  prescribe  text-books  and  courses  of  study 60 

to  purchase  books  for  indigent   pupils 61 

may  suspend  or  expel  disorderly  pupils 

to    establish    rules,    etc.,    for    school 62, 305 

to    classify    pupils     63,  122 

may  admit   non-resident    pupils   to   school 

rates  of  tuition  for,  how  fixed 64 

director   to    be   clerk    of 66,  301 

to  appoint  persons  to  take  school   census .- .      67,  305 

when  to  provide  for  deposit  of  moneys 

to  estimate  amount  necessary  for  sites  and  buildings 90 

when    may    issue    bonds 

to  apply  for  jury  in  suit  to  obtain  site 

to  be  trustees  in  graded  school  districts 120,  123 

district  library  to  be  managed  by 132,  305 

report  of,  relative  to  libraries 133,  134 

may  donate  or  sell  books  to  township  library 

kindergarten  to  be  provided  by 231-3' 

qualifications   of  certain    teachers,   may   hire 

financial  statement  of  the  district  to  be  published  by 

United  States  flag  to  be  provided  by 

to  be  trustees  in  township  school  districts 

when,    to    pay    tuition    of    pupils 466-6? 

duties  of,  as  to  teachers,  etc.,  for  county   normal  training  classes 

when  day  schools  for  deaf  may  be  provided  by 522-27 

when  may  commence  action  to  set  aside  certain  order  of  superintendent  of  public 

instruction 540 

(S'ee  district  officers.) 

DISTRICT  LIBRARIES: 
(See  libraries.) 

DISTRICT   MEETINGS: 

notice  of,  on   formation  of  new  district 27,  298 

when    annual,    to    be    held 39,  301 

when  special,  may  be   called 

notice  of,  to  indicate  the  business 

notice   of,    what   to   specify 40,  41 

who   eligible    voters    at 

relative   to    challenging   voters    at 


INDEX.  281 


The  references  are  to  compiler's  sections. 

DISTRICT  MEETINGS.— Con. 

penalty    for    disorderly    conduct    at 44 

to    give    directions    regarding    suits 45 

to'  direct   sale  of  property 45 

powers    of    annual 45, 122 

when  clerk  and  chairman  may  be  appointed  at 45,  301 

what  board  to  determine  in  case  of  failure  of  certain 45,  306 

limit  of   taxes  that  may   be  voted  at 45,  306 

officers  to   be  elected  at . 46,  120,  299 

to  fill  vacancy  in  district  office 48 

tax  for  services  of  officers  to  be  voted  at 54 

board  to  make  financial  statement  to  annual 57 

to   determine   uses   of   schoolhouse 59 

moderator    to    preside    at 65 

director  to  give  notice  of 66 

may   vote  on  issuance  of  bonds 90 

may  vote  tax   to  pay  money  borrowed 92 

voters    at,    may    designate    site 102 

board  of  education  to  present  estimate  for  sites,  etc.,  at 285 

DISTRICT  OFFICERS  : 

election   and   term   of  office   of 46, 120,  299 

when    may     be    appointed 48,  121,  301 

who   eligible   to   election   as 49 

acceptance    of    office    of 50, 121,  300 

amount    of  tax   for   service    of . 54 

penalty  for  neglect  to  accept  office  or  perform  duties 140 

to  employ   legally   qualified   teachers 267 

payment    for    services    of    township 292 

compensation   of    312 

(See  treasurer,  director,  moderator  and  district  board.) 

DISTRICT  SCHOOLS: 
(See  schools.) 

DIVISION: 

of   boundaries   of   primary    school    district 185 

of   township   into    single   school   district 274 

DOG  TAX: 

disposition     of    surplus 405 

DOMESTIC    ECONOMY,    COUNTY    SCHOOLS   OF: 

establishment    of     483-92 

appropriation   for 483 

instruction    given    in 488 

DOMESTIC   SCIENCE  TEACHER: 

act    to   define   qualifications   of 235-37 

DOORS : 

to    open    outward 545 

DRAWING  TEACHERS : 

act   to   define   qualifications   of 235-37 

DUPLICATE  RECEIPTS  : 

township   treasurer  to   take,   for   certain   moneys 86 

E. 
EDUCATION  : 

constitutional   provisions   relative   to 1-17 

EIGHTH  GRADE: 

payment  of  tuition  and  transportation  of  pupils 464-65 

EIGHTH   GRADE   DIPLOMAS: 

applicant  for,  to  memorize  first  verses  of  "Star  Spangled  Banner"  and  "America"  247 
ELECTION  : 

who  legal  voters    at,   in   school   district 42 

when,    of   district   officers   held 46,  121,  299 

who  eligible  to,  in   school  district 

regulations  at,  to  vote  on  issuance  of  bonds 

of   board   of   education,    city    school   district,   how   held 169 

school   district,   registration,   notice,   etc 203-04 

party  emblem  not  to  be  placed  upon   ballots 207 

of  members  of  county  board  of  school  examiners 256 

of  county  commissioners  in  Chippewa,  when  held,  etc 

relative  to  organizing  township  into  single  school  district 273 

when    called,    ballots,    etc 

of  trustees  of  township  school  district,  term,  etc 

township  school   district,   how  conducted,   etc 276 

special,   for    bonding,   ballots,   etc 285 

city  districts,  election  of  officers  by  joint  boards 

annual  school,  district  of  3rd  class,  when  held 

for  submitting  question  of  rural  high  schools,  where  held 455 

form    of   ballot   used    at 455 

submitting  question  of  establishment  of  schools  of  agriculture,  etc 

on  establishing  of  rural  agricultural  schools,  when  held 495 

of  school  trustees  in  cities  of  fourth  class 533-36 


282  INDEX. 


The  references  are  to  compiler's  sections. 

ELECTION  COMMISSIONERS  : 

in  school  district  of  3rd  class  who   to  be 330 

to   prepare   official    ballots 335 

appointment   of,    for    election   of    school    trustees '    534 

ELECTION  INSPECTORS': 

in  election  of  township  school  trustees,  who  to  be 275 

in  school  district  of  3rd  class,  appointment 331 

canvass   of   votes   by 336 

how  chosen,    etc.,  at  election   of  school   trustees 535 

powers,  duties,   etc.,   at  election  of  school   trustees 535 

ELECTION  PRECINCTS: 

division     of    city    school    districts    into 193-201, 202-210 

referendum     202-10 

ELECTORS : 

who  are  qualified _. 42 

may  discontinue  school   and    send  pupils  to  another   district ~. 45 

who  deemed  qualified,   in   school    elections  in    certain    cities 42 

to  vote  tax  for  services  of  district  officers 54 

at   annual  meeting  may  designate  depository    for  district  funds 71 

of  city,  when  to  elect  board  of  education 

to  approve   consolidation   of  school   districts 186 

registration  of,  in  school  districts 203-05 

when,  may  vote  to  organize  township  school  district 273 

township    school    district,    qualification    of 275, 285 

when,   may   appeal   from   action   in   formation   of 297 

school,  district  of  3rd   class,  who  qualified 332 

when  question  of  rural  high   school  submitted  to 466 

ELIGIBILITY  : 

to  office  in   school    districts 49 

of  pupils  desiring  tuition  paid 467 

EMPLOYMENT  : 

of    teachers    58,  122,  -232,  305 

of  persons   to   take   school   census 67 

of   officers,    etc „ 122 

of   children    376 

ENDOWMENT   FUNDS: 

to   be  under  control  of  school  board 481 

ENGLISH  LANGUAGE: 

instruction    to   be    conducted   in 11 

ENROLLMENT : 

when  teacher  to  compare,  with  census   list 357 

ENUMERATION  of  CHILDREN  : 
(See  census.) 

ENUMERATOR,  CENSUS: 

duty    of,   data  required 67 

when  guilty  of  misdemeanor 68 

ESCHEATED   ESTATES: 

application   of  interest  from   sale  of 14 

ESTIMATES  : 

of  amounts  to   be  raised  by  tax 54,   66,   305 

of  taxes  necessary  in  city  school  district,  what  to  specify 

transmitted   for   approval 

report  of,  as  approved,  to  whom  made 177 

EVIDENCE : 

of    organization    of    district 31 

in   proceedings   to  obtain    site 103 

EXAMINATION  : 

of  proposed   site   by  jury 107 

eighth  grade,   applicants  to  memorize  first  verses  of  "Star  Spangled  Banner"  and 

"America"     247 

meetings    for,    of    teachers 259 

of  teachers  by  county  board  of  examiners 259,  260,  268 

questions   for,    of   teachers 260 

county  commissioner  to  keep   record  of 263 

of   reports    by    county    commissioner 263 

of   teachers  by  officers  in   certain    districts 267 

of  applicants  for  admission   to  agricultural  college 268-69 

fees  to  be  collected  from  teachers  for 345 

of   teachers    by    state    board   of    education 421 

of   applicants   for   state   certificates 421 

EXAMINERS  : 

may   be  removed  for   lack   of  qualifications 19 

of    teachers   to   collect   fees .  . . . 345 

to  pay  same  to  county  treasurer 346 

(S'ee  county  board  of  school  examiners.) 

EXECUTION  : 

not  to  issue  against  school  district 97 

EXPENSES  : 

incidental,    estimated    by    board 

estimates  of,  to  be  presented  at   annual  meeting 66,  309 

per  capita  tax  to  pay,  certain  school  districts ' 94 

of    commissioners,    limited    257 


INDEX.  283 


The  references  are  to  compiler's  sections. 

EXPENSES.— Con. 

for  printing,  etc.,  how   audited,  etc 264 

of  school  examiners,  how   paid 264 

teachers'    institutes,    how    paid 348 

state  institute,  how  paid 351 

vouchers  for,  of  teachers'  institute,  where  filed 352 

F. 

FACTORIES,  STORES,  ETC.  : 

employment    of    children    in 370 

FACTORY  INSPECTORS: 

may  order  fire  escapes  on  schoolhouses,  etc 545 

may    condemn    schoolhouses   considered   unsafe 545 

FEDERAL  BOARD : 

for  vocational  education,  state  board  to  co-operate  with 517 

FEEBLE  MINDED  AND  EPILEPTIC: 

(See  Michigan  home  and  training  school.) 

FEES: 

to  be  paid  by  teacher  on  obtaining  certificate 345 

disposition  of,    collected  by  director  and   secretary 346 

FEMALES : 

who  qualified  to  vote  at  school  elections  in  certain  cities 42 

registered  in   separate   register 42 

eligible  to  district  oflices 49 

FINES : 

how  applied  for  breach  of  penal  laws 16 

for   disturbing   district    meeting 44 

for    disturbing    school •   62 

on  census  enumerator  for  making-  false  returns 68 

giving  false  information  to  census  enumerator 68 

for   damages    to    library    books 129 

apportionment   of,   for  breach   of    penal   laws 136 

(See  penalties.) 

FIRE  ESCAPES: 

factory   inspectors    may   order,   on   schoolhouses 545 

FIRE  MARSHAL: 

(See   state  fire  marshal.) 

FIRE    PROTECTION  : 

in  schools,  duty  of  factory  inspectors  relative  to 545 

FLAGS : 

who  to  purchase  U.  &'.,  for  schools 245 

FORM  OF  OATH  : 

of  challenged   voter 43 

FORMS,  BLANK  : 
(See  appendix.) 

FOURTH   CLASS   CITIES: 

To  constitute  single   school   district 533 

board  of  education  in,  of  whom  to  consist,  elections,  etc 534 

FOURTH   OF   JULY: 

observance  of,  by  public  schools 246 

FRACTIONAL  DISTRICTS  : 

(See  school  districts;  also  townsMp  board.) 

FRATERNITIES  : 

abolishment   of.    in    public    schools,    etc 377-79 

FREE  PUBLIC  LIBRARIES: 

authority  of  city  boards   of  education  to  maintain 147-48 

townships,    etc.,    may     bond    for 149 

FREE  SCHOOLS: 

to    be    provided 11, 298 

FREE  TEXT-BOOKS: 
(See  text-books.) 

<FUNDS  : 

educational     ? .  .  .  .  1,  2 

library     16 

teachers'    institute    ". 346 

of  associations  for  establishing  loan 442 

for  maintaining  day  schools  for   the  deaf 524 

G. 
GAMBLING  : 

children  not  permitted  in  rooms  used  for 375 

GENERAL  FUND: 

taxes    for    incidentals,    deficiencies,    etc.,    accounted    for   under 54 

GENERAL  SCHOOL  FUND: 

surplus    dox    tax    to    revert    to 405 

.GIFTS  : 

school  districts  may  accept,  etc 480-81 

GOVERNOR : 

when  may  remove  county  school  commissioner,  etc 

certain   days  appointed   by,   observed   by   public   schools 

to  appoint  five  members  of  teachers'  retirement  fund  board 

annual  report  to,  by  state  board  of  control  for  vocational  education 521 


284  INDEX. 


The  references  are  to  compiler's  sections. 

GRADED  SCHOOL  DISTRICTS: 

annual    meeting    of 

organized  prior  to  1907,   act  to  govern 120 

notice  of  intention  to  organize 120,  124 

election   and   term    of  office   of   trustees   of 120,  124 

officers  of,   to  be   elected   by    trustees 121 

credit  of  school  tax  on  tuition  of  non-resident  pupil 122 

powers  and   duties   of   trustees 121-22 

not  limited   to  nine    sections  of  land 

consent   of  trustees  to   be  obtained   to  alteration   of   boundaries 

two  or   more   contiguous   districts   may   organize 124 

change  of,   to  primary   district 125 

publication  of    financial   statement  of 

proceedings  when,   become   part  of   township   district 

appointment  of  truant  officers  in . . .  . 350 

(See  school  districts.) 

GRADES  OP  CERTIFICATES: 

of    teachers 2G1 

GRADE  TEACHERS : 

in  rural  agricultural   schools,  certificates  of 503 

GRADING  : 

of  pupils  not  prevented  in   any  district 63 

in    graded    school    districts 122 

GYMNASIUMS  : 

school   districts  may  establish,  etc 480 

H. 

HIGH  SCHOOL  GRADUATES: 

advanced   courses   of   study   authorized   to 436 

HIGH   SCHOOLS: 

may   be  established  in   certain   districts 122 

establishment  of  optional   course  of  military   training   in 240 

board   of  education   to   establish,   etc 281 

act   to    establish    rural    454-61 

providing  for  payment  of  tuition   and  transportation   to,   of  certain   pupils 464-65 

what    deemed 466 

(See  graded  school  districts.) 

HOLIDAYS  : 

observance  of,  by  public  schools 246 

HOME  ECONOMICS: 

certificate  of  teachers  in,  in  rural  agricultural  schools 502 

endorsement    of     502 

HUMANE  EDUCATION  : 

act   to   provide    system    of 228-30 

HYGIENE  : 

use  of  text-books  on,  in  teaching  dangerous   diseases 60,  281 

I. 
INCIDENTAL  EXPENSES: 

estimated    by    district    board 54 

INDEBTEDNESS  : 

of    districts    90 

(See  bonds.) 
INDIANS  : 

when  children  of,  not  included  in  census 67 

INDIGENT  PARENTS  : 

when  children  of,  unable  to  attend  school 469-72 

INDUSTRIAL  HOME  FOR  GIRLS: 

superintendent   of  public  instruction  to  supervise  instruction  in 19 

INDUSTRIAL  SCHOOL  FOR  BOYS  : 

superintendent  of  public  instruction  to  supervise   instruction   in 19 

INMATES  : 

of  public  institutions,  instruction,  etc.,  of,  who  to  supervise 

of    rural    agricultural    schools    when    established 508 

INSPECTORS  OF  ELECTION: 

how   chosen,   powers,   etc.,   at   election   of   school   trustees 535 

INSTITUTES  : 

teachers',  county  commissioner  to  be  assistant  conductor 263 

INSTITUTIONS  : 

certain   state,   superintendent  of   public   instruction   to   supervise   instruction   in .  . 

charitable,    children    in,    not    included    in    census 67 

public,  instruction  of  inmates  of,   supervision  of 547 

INSTRUCTION  : 

to  be    conducted  in  the  English   language 11 

branches   of,   given   in   public    schools 60 

INSURANCE   MONEYS: 

how   used    423 

INTEREST : 

apportionment  of,  on  state  funds 13,  22 

on   bonds,  limited    91 

tax  may   be  voted  to  pay 92 


INDEX.  285 


The  references  are  to  compiler's  sections. 

INTEREST.— Con. 

on  bonded  indebtedness,  per  capita  tax  to  pay 

on   judgment   against    district 101 

on  moneys  lost  by  certain  officers 141-42 

JANITOR  : 

employment  of.  to  care  for  rural  agricultural   school   buildings 499 

JOINT  MEETINGS  : 

of     township     boards 29,  117,  313 

relative   to   boundaries    of   primary   school   districts 185 

relative    to    township    school    districts 274 

JUDGE  OF  PROBATE  : 

to   participate   in   filling  vacancy    on   board   of  examiners 256 

JUDGMENTS : 

assessment    of   taxes    for    payment    of 

and   suits   against  school  districts,   sections   relative   to 95-101 

execution    not   to   issue   on 97 

when   rendered  in   proceedings  to  obtain   site 108 

JUNIOR  COLLEGIATE   DEPARTMENT: 

advanced   courses  of  study  in   certain   districts   designated  as 436 

JURY: 

board   may   apply   for.   in   proceedings   to   obtain   site 103, 107 

JUSTICES  OF  THE  PEACE: 

to  have  jurisdiction  in  cases  of  assumpsit  against  school  districts 95 

to  hear  cases  under  compulsory  education  act 358 

proviso,    as   to    cities 358 

JUVENILE   COURT: 

investigation,  etc.,  by,  relative  to  children  of  indigent  parents 471 

JUVENILE  DISORDERLY  PERSONS : 

penalty  for  failure  of  parent  or  guardian  to  send,  to  school 357 

proceedings  against  parents  of,  for  neglect  of   duty 358 

to  be  sent  to  ungraded   schools 359-60 

who    deemed,    or    truants 360, 366 

K. 

KINDERGARTEN : 

duty   of  district  board   relative  to 231 

qualifications    of    teachers 232,  235,  237 

children    entitled   to   attend 233 

act  to  apply  to  other  schools 234 

L. 

LABOR : 

act   to  secure   payment   to  sub-contractors  for ' 528-31 

LABOR  DAY  : 

observance  of.  by  public  schools 246 

LAKE  COUNTY: 

election  of  county  commissioner  of  schools  in 257 

LAND  : 

limit  of  tax  on,   for   building  schoolhouse 45 

when    not    taxed    for 45 

proceedings  to  obtain,  for  schoolhouse  site 103-16 

when   board   of  education  may    acquire  for   sites,   etc. 482 

LAND  CONTRACTS: 

purchaser  of  land  upon,  qualified  school  elector 42 

LAWS,  DOCUMENTS,  ETC.  : 

rules  and  regulations  for  libraries,  course  of  study,  who  to  print  and  distribute. .  21 

duty   of  commissioners   and    county   clerk   in   distributing 450-51 

LEASE : 

for  schoolhouse  site,  who  to  secure,  length  of,  etc 

duration   of,   of   land   for   schoolhouse 281 

LEGACIES  : 

school   districts   may   accept,    etc.  . 480-S1 

LEGISLATURE  : 

statement  to,  of  state  aid  to  rural  agricultural  schools 511 

annual  report  to,  by  state  board  of  control  for  vocational  education 521 

LIABILITIES  : 

of  township  clerk   for  neglect  to  report 

of    county    clerk 142 

of  supervisor   in   regard   to   district   taxes 144 

debts   and,    when    assumed   by   township   district 

of  parent  or  guardian  for  failure  to   send  child  to  school 357 

(See  penalties.) 

LIBRARIAN  : 

township,  when  and  by  whom  appointed,  duties,   etc 130 

LIBRARIES  : 

establishment   of,    constitutional    provisions    relative    to 16 

lists  of  books  for,  how  prepared 21 

rules    for,   by  whom   made 21, 129 

maintenance  of,  in  township  or  city J 126 


286  INDEX. 


.  The  references  are  to  compiler's  sections. 

LIBRARIES. — Con. 

township  board  may  dispose  of,  or  plan  merger  of,   into  free  public 126 

provisions   relative  to    : 126-38 

books  for  township,  by  whom  purchased 128,  307 

care  of,  etc.,  who  to  have. .  129 

librarian  of  township,  by  whom  appointed,  duties,  etc 130 

where    kept    130 

when  school  district  may  establish 131 

township  clerk   to  report  statistics  of 133 

funds   for,    when    forfeited 134 

superintendent   of   public   instruction    to   furnish    statement   of    townships,    etc., 

entitled   to    135 

apportionment  of    135-36 

tax  for  support  of,   how  levied,  collected,  etc 137 

district  board  may  sell  or  donate,  books  to  township 

school  officers  not  to  act   as  agents  for,  books 

free  public,   townships,   etc.,  may   bond   for.' 

act  to  authorize  the  creation  of  county 155 

board  of   education   to  establish,   etc 281 

free  public,  maintenance  of,  in   cities 147-48 

librarians  to  report  to   school   commissioner 462 

to  whom   to  transmit  list 463 

LIBRARY  BOARD: 

for  county  library,  who  to  compose,   etc 156 

LIBRARY  BOOKS: 

preparation  of  list  of 21 

sale    of     138 

LIBRARY  COMMISSIONERS  : 

(See  state  board  of  library  commissioners.) 

LIBRARY  MONEY  : 

when   district  to  forfeit 

superintendent  of  public  instruction  to  forward  statement  of 

apportionment    of    136 

LIFE  CERTIFICATES: 

authority,  revocation  and  filing  of 

principal   in   rural   agricultural    school   to   have 504-05 

LINCOLN'S  BIRTHDAY: 

observance   of,   by  public   schools 246 

LIQUORS  : 

minor  children  not  permitted  where,   are  sold 375 

M. 

MANUAL  TRAINING,   COUNTY  SCHOOLS  OF  : 

act   to   establish    483-92 

management   of    484-91 

establishment   of,  when  placed  upon  approved   list,  etc 492 

MANUAL  TRAINING  SCHOOLS  : 

school   districts  may  establish,   etc 480 

MANUAL  TRAINING  TEACHER: 

act  to  define  qualifications  of 235-36 

MAPS  : 

of  townships,  showing  boundaries  of  districts,  by  whom  made,  where  filed,  etc .... 

filing  of,   showing  change  of  boundaries  in   city   districts 314 

MATERIAL  : 

act  to  insure  payment  of  sub-contractors  for 528-31 

MEETINGS  : 

joint,   of   township    boards   of   several   townships 29,  313 

when   schoolhouse  used  for  public 59 

of  township  boards,   in  cases  of  appeal 117,  119 

of  board  of  education  city  school  district,  when  held 175 

joint,  of  township  board,  relative  to  change,  etc.,  of  boundaries  of  primary  school 

districts 185 

for  examination  of  teachers,  when  and  where  held 259-60 

township   school   districts,   of   township   board   for   organization   of 273 

annual,   in,    notice,    etc 276,  283 

of  board  of  education  in 

of  board  of  education 

of  board  of  education,  district  of   3rd  class.  . 

of  board  of  trustees  of  rural  high  schools,  when  held,  etc 457 

(See  district  meetings.) 
MEMBERS : 

of  district  board,  who  to  constitute 

number  of,  of  board  of  trustees  in  graded   school    districts 120,  28 

term   of   office    

of  board   of  county   school   examiners,    by   whom   appointed,   etc 256 

MEMORIAL  DAY: 

observance  Of,  by  public  schools 246 

MICHIGAN  AGRICULTURAL  COLLEGE: 

superintendent  of  public  instruction   to   supervise  instruction  in 

president  of ,  to  approve  schools  before  placed  upon  approved  list 

to   carry   on   agricultural    extension   work . . , 513-14 

president  of,  member  of  board  of  control  for  vocational  education 517 


INDEX.  287 


The  references  are  to  compiler's  sections.  . 

MICHIGAN  EMPLOYMENT   INSTITUTION   FOR  THE  BLIND: 

transfer   of   pupils   from   Michigan   school    for   blind    to 364 

MICHIGAN   HOME  AND  TRAINING  SCHOOL  : 

superintendent  of  public  instruction   to  supervise  instruction  in 19 

MICHIGAN  SCHOOL  FOR  THE  BLIND  : 

superintendent  of  public   instruction  to   supervise  instruction   in 19 

compulsory    education    of    blind    children    at 364-65 

MICHIGAN  SCHOOL  FOR  THE  DEAF: 

superintendent  of  public   instruction  to  supervise  instruction  in 19 

compulsory  education  of  deaf  children   at 361,  364 

MILITARY  'TRAINING  : 

establishment  of  optional  course  of,  in  all  high  schools 240 

MISDEMEANOR  : 

when   census   enumerator  guilty   of  a 68 

officers,  teachers,    etc.,  interested  as  agent  for  publishers  deemed  guilty  of 

when  parents  deemed  guilty  of  a 357 

MODERATOR : 

to  give   oath  to  challenged  voter 43 

chairman    at   district    meetings 45,  301 

election  of,  term  of  office,  etc 46 

appointment  of,  to  fill  vacancy 

acceptance  of  office,  where  filed _ 50 

to  be  member  of  district  board 51 

treasurer  and,   to  audit  and  pay  accounts  of  director 65 

and  director  to  approve  bond  of  treasurer • 71 

service  of  process  against  school  district  made  upon 95 

penalty  for  neglect  to  perform  duties 140 

(See  district  board.)    . 
MONEYS : 

primary  school  fund,  what  to  constitute 1,  2 

when   withheld  from  certain  districts 11 

apportionment  of,  by  superintendent  of  public  instruction 22-24 

of    primary   school    interest   fund 75,  89 

of  districts,  when   dividing,   how   apportioned 37,  38,  313 

districts  entitled  to  receive  primary  school  interest  fund 45 

entitled    to    receive    certain 45, 78 

when  board  may  borrow,  on  strength  of  voted  tax 54 

primary  school  interest  fund,  to  be  used  only  for  teachers'  wages 56 

accounting   of    district    school 56 

sectarian   schools    barred   from   public 56 

district  board  to  apply  school,  according  to  law.  •. 

to  make  report  of,  at  annual  meeting 57,  309 

orders  for  certain,  by  whom  drawn  and  signed 66 

disposition  of,  collected   on  bond  of  treasurer 71 

district  board  to  provide  for  deposit  of 71 

duties   of    township    treasurer   relative   to   collecting    school 71,77,86 

relative    to    paying    84,  86,  305 

apportionment  of,   to   districts  by   township   clerk 75,  76,  306 

raised  for  school   tax,   how  apportioned 76 

accrued  from  one-mill   tax,   how  used . 78 

paid  by  old  districts  to  new,  how  applied 79 

school,  to  be  paid  next  to  township  expenses 

payment   of,   to   fractional   districts 

county  treasurers  to  apply  for,  appropriated 

to    notify    township    clerk,    etc 

limitations   as   to   districts   borrowing 

when,  for  site  deposited  with   county  treasurer 109,  114 

library,   when  forfeited    134 

proviso    as   to   non-forfeiture 134 

statement  of   townships  to  receive,   where  filed,    etc 

apportionment    of 

how    used     

apportionment  of,  collected  on  account  of  neglect  of  officers 

township  school  district,  amount  of,  estimate  for  schoolhouse 281 

custody   of,  where  deposited,   etc '          284 

when  certain,  to  become  township  school  money 291 

who  to  apply  for,  appropriated  for  primary   schools  and    libraries 30o 

public,  definition  of    397 

to  be  kept  separate  from  other   funds 

how    used     399 

interest  on,  what  to  constitute •  •  •  400 

public  officer  not  to  receive  consideration  for  depositing 401 

penalty  for  illegal  payment  of 

disposition  of  insurance   

boards  of  trustees  of  rural  high  schools  may  borrow 455 

from  U.  S.,  giving  assent  to  grant  of,  for  co-operative  agricultural  extension  work.  513-14 

paid    to   secretary    state    board    of    agriculture 514 

limit  of  amount  of,   school   district  may  borrow.  • 54i> 

(See  taxes.) 
MONTH,  SCHOOL: 

of   what    to   consist 58 

MUSIC  TEACHER  : 

act  to  define  qualifications  of 235-37 


288  INDEX. 


The  references  are  to  compiler's  sections. 

N. 
NAMES  : 

on  official  ballot,  school  district  of  3rd  class,  how  arranged 335 

NARCOTICS  : 

text-books  to  consider  nature  and  effects  of 60,  281 

NEGLECT : 

penalty  for,  of  taxable  inhabitant  to  serve  and  return   notice 139 

of  district  officers  to  perform  duties 140,  244 

liability  of  township  clerk  for,  to  report,  etc 141 

of  county  clerk  for  not  transmitting  reports 142 

of  supervisor  and  township  clerk  in  regard  to  taxes 144 

of  parent  or  guardian  to  send  child  to  school  a  misdemeanor 357 

NEW  YEAR'S  DAY  : 

observance    of   by    public    schools 246 

NOMINATION  : 

of   members  of   board  of  education  in  district  of  3rd  class 334 

NOMINATION  PETITIONS: 

of  candidate  for  member  of  board  of  education,   city  school   district 169 

of   candidate  for   trustee,   township   school   district 

of  candidates  for  trustees,  filing  of,  etc 534 

NON-RESIDENT : 

when  may  be  attached  to  district 35 

admission    of,    pupils,    tuition,    etc 64 

tuition    of,    pupils 

credit  of  school  tax  on  tuition  of,  pupils 122 

NORMAL   SCHOOL    FUND: 

origin    of 418 

who  to  have  care  of 419 

NORMAL  SCHOOLS  : 

state  board  of  education  to  prescribe  courses  of  study,  grant  diplomas,  etc.,  in .  .  437 

(See  state  normal  school.) 
NORMAL  TRAINING  CLASSES': 

superintendent  of  public  instruction  to  direct  supervision  of 19 

act    to    establish     473-79 

(See  county  normal  training  classes.) 
NORTHERN  STATE  NORMAL  SCHOOL: 

act   to   establish    429-31 

NOTICE  : 

superintendent  of  public  instruction  to  give,  of  apportionment  of  primary  school 

fund     22, 135 

duty  of  taxable  inhabitant  on  receipt  of,  of  formation  of  district 

of   first   meeting    in    new   district 27, 298 

by  township  clerk  when  new  district  fails  to  organize 

of  meeting  of  township  board  to  form  fractional  districts 

to  alter  boundaries 

of  special  meetings  of  district  board,  when  and  how  given 

of  district  meetings,  to  be  given  by  director 

of  township  clerk  to  supervisors  of  school  taxes 74,  306 

who  to  give,  to  directors  of  moneys  to  be  appropriated 

of  apportionment  of  moneys  to  districts,  to  whom  given 

of  supervisor  and  treasurer   of  taxes  assessed 80-82 

treasurer  to  give,    of  money  in  his  possession 85,  30£ 

county  treasurer  to  give,  of  moneys  apportioned 

of  meeting  of  district  to  borrow  money 

in   proceedings   to  obtain   site,   how   given 

of  meeting  to  organize  as  graded  school  district 

teachers'    examinations,    how    given 

to   teachers   of  intention   to  revoke   certificate 

township  school  district,  of  election  for  organization  of 

of   annual    meeting   in 

relative  to  changing  boundaries  in  city  districts 

of  registration  and  election,  school  district  of  3rd  class 

to  parent  or  guardian  of  non-attendance  of  child  at  school,  by  whom  given 357-5! 

teachers'   associations,  of  formation  of,  how  given 

of  election  on  establishment  of  rural  agricultural  schools,  when   given 

of   establishment   of,   to   whom   given 

sub-contractor   to  give  written,  what  to   state,   etc 

of  election  of  trustees  in  cities  of  4th  class 

OATH  : 

deputy   superintendent    of  public  instruction   to   take 

tendered  to  challenged  voter  at  district  meetings 43,  277 

to  be  taken  as  to  correctness  of  census  list 

of  juror  in   proceedings  to  obtain   site 

of  office,  members  of  board  of  school  examiners  to  take 256-57 

of  election  officers,  school  district  of  3rd  class 

of  office  of  election  inspectors  for  election  of  trustees 535 

OFFICE  : 

acceptance    of,    to    be    filed 50,  51, 121,  300 

affidavit  Of,   as  to  qualifications 

term  of,  of  board  of  school  examiners ,.,.,, 256 


INDEX.  289 


The  references  are  to  compiler's  sections. 

OFFICERS  : 

who    eligible   as    school 49 

having  charge  of  records  to  furnish  facilities  for  examination 52 

ONE-MILD  TAX  : 

disposition     of     surplus 54 

assessment,    collection    and    disposition    of 78 

(See  taxes.) 
ORAL   METHOD: 

to  be  taught  in  day  schools  for  deaf 526 

ORDER : 

on  treasurer  to  be  countersigned  by  moderator 65 

to  be  drawn  and  signed  by  director 66 

of   township   clerk   on   treasury   for   library   moneys 128,  305 

of   superintendent   of  public   instruction   relative   to   insanitary,    etc.,    schoolhouse, 

when    set    aside    540 

(See  warrants  ;   also  moneys.) 
ORGANIZATION  : 

formation,   etc.,   of   new   districts 26-31 

of  graded   school   district 120-25 

of  school  district  certain  cities,  act  to  provide  for 162-84 

of  township  school    districts  in   upper  peninsula 298-313 

(See  school  districts;  also  township  board.) 

P. 

PAMPHLETS  : 

distribution,   etc.,   of   certain,   to   school   districts 452-53 

when  heads  of  state  departments  to  print  additional  copies.  .  453 

PARENTS  AND  GUARDIANS  : 

entitled    to  vote  at   district   meetings 42 

required  to  send  children  to  school 355 

duties   of  truant   officers  relative   to 357 

liability    for    not    sending 357 

proceedings    against     358 

to  give   notice  when   children   desire  to   have  tuition,    etc.,   paid 464 

PARTY  EMBLEM: 

etc..   not  to  be  placed  upon  school  election   ballots 207 

PENALTIES  AND  FORFEITURES: 

not   maintaining   five   months'    school 11 

district  for  not  maintaining  certain   length   of    school 45,  78,  305 

census  enumerators  for  making  false  returns 6S 

giving    false    information    to    census    enumerator 68 

damages    to    library    books 129 

taxable  inhabitant  for  neglect  of  duties  in  formation  of  district 139 

district  officers'  neglect  to  accept  office  or  perform  duties 140,  294 

township  clerk,  for  neglect  in  transmitting  reports .  .  .  141 

county   clerk   for  not   transmitting  reports 142 

moneys    collected   for,    how   applied 143 

supervisor   and  clerk's  neglect  regarding  taxes : 144 

neglect  to  teach   prevention   of  diseases 239 

district  officers,   for   not  publishing   financial   statement 244 

not   purchasing   U.    S.   flag 245 

parent  or  guardian  not   sending  children  to  school 357 

relative  to  school  attendance  by  blind  children 370 

relative  to  persons  responsible  for  delinquency  of  children 374 

for  allowing  children  to  remain  in  saloons,  etc 375 

illegal  payment  of  public  moneys 404 

PERJURY : 

what    deemed     43 

PERMANENT  FUNDS : 

to  be   under   control  of  school  board 471 

PERMIT  : 

issue  of,   for  employment  of   children 355,  376 

PETITION  : 

nomination,  of  candidate  for  member  of  board  of  education,    city  school  district, 

filing   of 169 

candidates  for  district  board  of    education   nominated   by 207 

form,    etc 207 

of  electors  for  single  school  district 273 

nomination,  of  candidate  for  trustee  township  school  district,  filing 275 

of  member   of   board  of   education,   district  of  3rd   class   made  by 334 

for   consolidation   of  rural    schools   into   rural   agricultural    schools 495 

nomination,  of  candidates  for  trustees,  filing  of,  etc .  534 

PHYSICAL   TRAINING: 

to  be  taught  in  schools  of  certain  cities,  etc 440 

PHYSICAL  TRAINING  TEACHER: 

act   to    define   qualifications   of 236 

PHYSIOLOGY  : 

use  of  text-books  on,   in  teaching  dangerous  diseases 238 

PHYSIOLOGY   AND   HYGIENE: 

to  be  taught   in   all   public   schools 60 

penalty  for  failure  of  district  board  to  comply  with  statute 60 

37 


290 


INDEX. 


The  references  are  to  compiler's  sections. 

PHYSIOLOGY  AND  HY.GIENE.— Con. 

district    board   to  adopt  text-books 

by    whom    approved,    etc 00.  211.  422 

text-books    on , 281 

PLANS : 

for   school    buildings,   when   approved   by   superintendent   of   public   instruction....       539-41 

for   rural    agricultural    school    buildings,    approval    of 500 

PLAYGROUNDS : 

board  of  education   may  acquire  land   for 

authorizing  cities,   etc.,   to  operate  systems  of   recreation   and 548-51 

POLL  LIST: 

to  be  kept  when  voting  on  issuance  of  bonds 

for  school  election  district  of  3rd  class,  who  to  provide 

POLLS : 

in  school  election,  district  of  3rd  class,  time  open 

POOR  CHILDREN  : 

to    be   furnished   with    text-books 

POPULATION  : 

of  school  districts,   how   computed 

PRESIDENT  : 

of  board  of  education,  service  of  process  against  school  district  made  upon 

of  Michigan  agricultural  college  to  approve  schools  placed  upon  approved  list.  .  .  . 
PRESIDENT  OF  THE  U.   S.  : 

certain   days   appointed  by,   observed   by   public   schools 

PRIMARY  SCHOOL  INTEREST  FUND  : 

constitutional    provisions    respecting 

five  months'  school  to  be  maintained  to  secure 11 

apportionment    of     

proceedings  in  case  of  defective  returns  of 

when    deficiency   may    be    apportioned 

time  school  to  be  maintained  to  secure : 

to  be  accounted   for  under  "teachers'  wages  fund" 

to  be  used  only  for  teachers'  wages 

not    to   be   applied   to   sectarian   schools £« 

duty  of  township  clerk  in  distributing 

how    apportioned    to    districts 

county  clerk's  duties  relative  to , 

county  treasurer's  duties   relative  to 

PRIMARY  SCHOOLS: 

(See  schools.) 
PRIMARY  TEACHERS  : 

qualifications    of,    defined 

in*  rural  agricultural  school,   certificate  of 

PRINCIPALS  OF   SCHOOLS  : 

duty  of,  as  to  violations  of  text-book  law 

to  certify  to  fact  of  humane  education 

PROCEEDINGS  :  q-.  1O1 

against    school    districts 1021  ft 

to  obtain  schoolhouse   site 

in   case  of    incumbrances    • 11710 

upon  appeal  from  action  of  township  board •  •  •  •••••• 

of  board  of  education  city  school  district  to  be  published,  etc 

P^?™?eeSo'f ,  against  school  districts,  upon  whom  made 

when   township   board  may  sell   district 

to  be  apportioned  on  division  of  district 

when   sale  of  district,  may  be  directed  by  voters 

when  husband  and  wife  own,  jointly ^ *«J 

care  and  preservation  of  district.  ......... 

of  divided  district,  vested  in  city  district 

accounting Oot  when*  township ' organized  into  singie  school  district 

sale  of.  by  board  of  education.  ...  .  ...  ...  . *|J 

disposition   of,   in   forming   township   districts 

to  be   apportioned  on  division   of   township 

of  school  district  in  territory  annexed,   to  whom   belongs 

of    teachers'    associations 

PUBLICATION  :  94o 

of   financial    statement   by    school    board 

PUBLIC  BUILDINGS  :  K«fi 

act   insuring   payment   of   sub-contractors    in    repairing,    etc 

PLse  "LTo^^  of  public  instruction  to  select   certain  pamphlets 

sent   to   district    schools 

PUBLIC   INSTITUTIONS:  r ...  - 

instruction,  etc.,  of  inmates  in,  supervision  of 

PUBLIC  LIBRARIES  : 

PUBLIC6  RECREATION   AND  PLAYGROUNDS  : 

authorizing   cities,  etc.,   to  operate  systems  of 


INDEX.  291 


The  references  are  to  compiler's  sections. 

PUBLIC    SCHOOLS  : 

Declaration  of  Independence   read  on  certain  days   in    .  246 

PUBLISHERS'  AGENT  : 

members  of  district  board  not  to  act  as 40 

PUPILS  : 

when  may  be  suspended  or  expelled 62 

who   may    be 63 

classification    of    '.'.'.'.'.  63  122 

admission    of,    to    schools 63,  64,  122.'  233 

tuition    of    non-resident , '.  .  . '  64^  281 

in   graded  school    districts,   promotion   of,   in '  122 

Declaration   of  Independence   read  to   certain,   on   certain   holidays 246 

township  school  district,  rate  of  tuition  to  non-resident ". 281 

unlawful   to  organize,   etc.,   fraternity,   etc .  .  .  377 

admission    of,     to    normal    school . » 414 

providing  for  payment  of  tuition  and  transportation  of  eighth  grade 464,  467 

transportation  of,   to  and  from  rural  agricultural  schools 501 

QUALIFICATIONS  : 

of   music,    etc..    teachers 235-37 

of   voters    at    district    meetings 42,  275 

of  superintendent  of  schools 281 

QUESTIONS': 

of   examination    for    teachers 260 

R. 

REAL  ESTATE: 

board  of  trustees  of  rural   high  schools  may  hold.  .  457 

RECEIPT  : 

when    township    treasurer   to   take   duplicate.  .  86 

RECORD : 

school  district,  superintendent  of  public  instruction  to  examine,  etc 19 

director  to  keep,  of  proceedings 27,  66 

director's,  to  be  evidence  of  organization  of  district 31 

who  to  keep,   of  acceptances  of  office 50 

who  to  provide,   books   for  proceedings  of  district   meetings 52 

officers   having  charge  of,   to   furnish    facilities   for   examination 52 

of  report  of  taxes  to  annual  meeting 57,  309 

teacher  to  keep,   of  pupils    58 

of  moneys  to  be  kept  by  district  treasurer 71 

to  be  kept  of  consent  of  trustees  in  alteration  of  graded  school  district '        123 

of  certificates  granted   to  teachers,   who  to  keep 263 

who  to  keep,  of  examination  held  by  board  of  school  examiners 263 

RECREATION  AND  PLAYGROUNDS: 

authorizing  cities,   etc.,  to  operate  systems  of  public. 548-51 

RECREATION   TENTER : 

use   of   schoolhouse-,   etc.,    for 552 

REFERENDUM  : 

on   election   of  school   boards   in   certain   cities 161 

on    consolidation    of    school   districts 186 

on  question  of  dividing  school  districts  into  voting  precincts 209 

on  issue  of  bonds  for  maintenance  of   free  public   libraries 148-49 

on  act  to  classify  certain   school  districts 343 

of  establishment  of  county  agricultural,    etc.,   school 483 

REGENTS : 

of   the  university,   how  elected,   etc , 5-7 

may  grant  certain   certificates 249 

REGISTER  : 

of  school  to  be  kept  by  teacher   58 

REGISTER  OF  DEEDS  : 

copy  of  resolution  for  consolidation  of  school  district,  filed  with 187 

REGISTRATION  : 

of  electors  in   school  elections  in  certain  cities 

of  electors  in  school  districts,  notice  of,  etc 202-10 

of  electors  in   newly  organized   school   district 170 

in  school  district  of  3rd  class 

first,   when   made    332 

notice    of,    how    and    when    given 

REGULATIONS  : 

for  government  of   schools 62,  305 

at  elections  to  vote  on   issuance  of  bonds 

for  government,  etc.,  of  libraries 

with  reference  to  admission  of  pupils  to  take  advanced   courses  of  study 436 

REMOVAL : 

of    certain    officers    by    governor 

from    district    to    vacate    office 47 

of   schoolhouse  from  leased  site 53 

of   officers   in    graded   school    district 121 

RENEWAL  : 

of  teacher's   certificate,  when  made,   etc 260 


292  INDEX. 


The  references  are   to   compiler's   sections. 

REPAIRS  : 

(See    schoolhouses.) 

REPLEVIN  : 

against  school  districts,  justices  of   the  peace  to  have  jurisdiction .  .  95 

REPORT : 

superintendent  of  public  instruction    to  make  annual,  to  governor 19 

district   board    to  make,   at   ahnual   meeting 57.  309 

directors    to   make   annual 69 

of  director,  where  filed 69.  72 

to  whom  made  in  fractional  districts 70 

treasurer  of  school  district   to  make  annual 71 

township  clerk  to  make  triplicate 

board  of   education   to  make  triplicate 72 

township   clerk   to  make   certain,   to  treasurer   and   director 76 

supervisor  to,  taxes  assessed  to  township  treasurer 81 

township   clerk's   duties   relative   to 88 

of  township  clerk  and  board  of  education  relative  to  libraries 133-34 

liability  of  officers  for  failure  to  make 141-42 

of  board   of  education  city  school  district,  what  to  contain 181 

to  whom  academies,   etc.,   to    make 248 

county  commissioner  of  schools  to  make 263 

township  school  district,  annual,  what  to  contain,   etc 

of  school  moneys  received,  when  made,  etc 284 

state  board  of  education  to  make,  to  legislature 41& 

publication,  etc.,  of,  of  superintendent  of  public  instruction 449-51 

board  of  trustees  of  rural  high  schools  to  make  certain • 454 

monthly,  of  truant  officer,  relative  to  children  of  indigent  parents 471 

board  maintaining  day  schools  for  deaf  to  make 496 

annual,   of  board   of  education   relative   to   vocational   education 520 

of  state  board  of  control  for  vocational  education 521 

RESIDENTS  : 

notified  of  first  meeting  in   school    district 27 

qualifications  of,   to   vote   at  district   meetings 42 

rights  of,   to  attend   school .  . '. 63 

exceptions   of,   in    school    census 67 

RESOLUTION  : 

on  consolidation  of  school  districts,  when  territory  annexed 187 

what   to   set   forth , 188 

RETIREMENT  FUND    : 

teachers',    act   providing 383-96 

REVOCATION   OF  TEACHERS'   CERTIFICATE  : 

by    board   of   school    examiners 262 

by   state  board  of  education 412,  413,  421 

ROUTES : 

designation  of,  for  transportation  of  pupils  to  and  from   rural  agricultural   schools  501 

RULES : 

(See  regulations.) 

RURAL  AGRICULTURAL  SCHOOLS: 

act    providing   for    establishment   of • 493-511 

division    of,    into    classes 494 

RURAL  HIGH  SCHOOLS: 

an  act  to  establish   or    discontinue 450-61 

when   question    of,   submitted   to   electors 454 

board  of  trustees  of,  when  and  how  elected 456 

term    of   office 45ft 

duties .  457 

S. 

SALARY : 

of  superintendent  of  public  instruction 19 

of  deputy  and  assistant   superintendent  of   public   instruction 2O 

of  teachers  not  affected  because  of  holidays 246 

SALE  OF  PROPERTY  : 

when,   made   by  township   board 37 

to   be  directed   by    districts : 45 

when  made  by  district  board 53 

SALOON : 

children  not  permitted  in,  gambling  houses,  etc 375 

SALT  SPRING   LANDS: 

interest  on   proceeds  from,   application   of 15 

SCHEDULE : 

of  places,  etc.,  for  holding  examinations,  publication  of 259 

SCHOLARS : 
(See  pupils.) 

SCHOLARSHIPS  : 

school    districts   may   maintain 480 

SCHOOL : 

to   be   free    11. 29S 

to  be  maintained  at  least  five  months 11 

public,    superintendent    of   public   instruction    to   supervise    instruction    in 19 

when,  may  be  discontinued  in  a  district 45 

time  necessary  to  be  maintained 45,  305 


•  INDEX.  293 


The   references  are   to   compiler's   sections. 

SCHOOL.— Con. 

who  to  fix  minimum   length  of  time  of 45,  305 

who  to  estimate  and  vote  taxes  for  support  of 54,  306 

not  to  be   sectarian 56 

register  of,  to  be  kept  by  teachers 58 

district  board  to  prescribe   text-books   for 60 

pupils   may    be   suspended    or   expelled   from 62 

penalty  for  disturbing   62 

district   board   to  establish   regulations   for 62,  305 

reside'nt  pupils  admitted  to 63 

not  to  be  separated  on  account  of  race 63 

statistics  of.  to  be  reported  by  director 63 

may   be   graded 63,  122 

admission   of   non-resident   pupils   to 64,  281 

humane    education    in ' 228-30 

visitation  and  examination  of 263 

children  of  certain  ages  required  to  attend 355 

when   ungraded,   to  be   established 359 

children  attending,  not  permitted  in  saloons,  etc 375 

abolishment  of  fraternities,  etc.,  in 377 

training,  in  connection  with  state  normal 411 

physical  training  to   be  taught  in   certain 435 

when,    placed    upon    approved    list 492 

persons   desiring  to   teach,   with   whom   to   file   certificate 424 

who  to  publish  course  of  study,  etc.,  for  certain 449 

act  to  establish   rural  high 454-61 

board  of  trustees  of  rural  high,  to  visit t 457 

rural  agricultural,  act  providing  for  establishment  of : 493-511 

division    of,    into   classes    . 494 

in  cities  of  fourth   class,  board  of  education,   etc 532-33 

SCHOOL  APPARATUS : 

provision    for     45 

SCHOOL  BOARD:     See  district  board. 

may  permit  use  of  schoolhouse,  etc.,  as  recreation  centers 552 

SCHOOL  BOOKS : 
(See  text-books.) 

SCHOOL  BUILDINGS  : 

issue  of  bonds  in  city  school  district  for  erection  of 178 

plans  for.   when  approved  by  superintendent  of  public  instruction 539-41 

SCHOOL  CENSUS : 

when   and   how   taken •    67. 

in  city  school  district,  who  to  provide  for,  etc 182 

SCHOOL  DISTRICTS  : 

apportionment  of  primary  school  money  to    11 

of   what   composed 26 

to    be   numbered 26 

formation   of .  26-31 

formation    of    fractional 29 

when  deemed  legally  organized 30 

when  may  be  dissolved 30 

corporate    powers    of 32 

name    and    style    of 32 

when   consent  of  taxpayers  to  be  obtained  to  alteration  in 

when  persons  outside,  may  be  attached 

alterations  to  be  reported  to  director '.  .  .  . 36 

division  of  property  in  forming  new,  from  old 37 

meetings    of,    when    held,    etc 39, 45,  301 

may  borrow  money  on  strength  of  voted  tax 54 

who  to  make  annual  report  of 57,  309 

who  to  appear  in  suits  for  or  against 71 

treasurers  of,   to  file  bond,  duties  of,   etc 

map  showing  boundaries   to  be  made 

moneys  to  be  apportioned  to 75,  76 

when  moneys  paid   by  old,  to  new 79 

levy  and  collection  of  taxes  in  fractional 

may   borrow  money   for   sites  and    buildings 

to   pay   indebtedness 

may  vote  to  pay  money  borrowed 

per  capita  tax    in,   to  pay  school   expenses,   etc 94 

suits    and    judgments    against 95-101 

service  of  process  against,  upon  whom  made 

judgments    against    fractional 100 

appeal   from   action   of   township    board 117-19 

what  districts  may  organize  as  graded 120.  124 

organization    of,    etc.,    graded 120-25 

change  of,  from  primary  to  graded 

act  to  provide  for   organization  of  certain 162-84 

when  township  board  may  divide  or  change  boundaries  of 

consolidation   of    

consolidation  of,  with  city  school  district 

city,   division  of,  into  election  precincts,  referendum 193-201,  202-10 

registration   of  electors   in 203-05 


294  INDEX. 


The   references   are   to   compiler's   sections. 

SCHOOL  DISTRICTS.— Con. 

copies  of  lists  of  text-books  to  be  sent  to 219 

how  authorized  to  purchase  and  sell  text-books 223-24 

re-sale    of    books,    on    removal    from 226 

to   employ   legally   qualified   teachers 207 

officers  of,  when   to  deliver  books,  etc.,  to  township  board  of  education 273 

township,   board   of  education   in,   election,   term,   etc 275 

township   school   districts,   organization   of 274 

township   organization   of    298-313 

change   of   boundaries  of  city 314-17 

act   to   classify   certain 318-44 

of  12.000  and  less  than  75,000,  3rd  class 319 

division  of,    into  classes 319 

of  500  and  less  than    12,000,  4th   class 319 

of  third  class,  division  of,   into  voting  precincts 

advanced  courses  of  study  authorized  in  certain 

who   to  provide  course   of  study,   etc.,   for, 

distribution,   etc.,   of  state   pamphlets,   etc.,   to 

providing  for  transportation  of  certain  pupils  in 

may    establish    trade,    etc.,    schools,    etc 480-81 

when  consolidated,  disposition  of  property  of 

officers  of.  to  require  bond  to  insure  payment   of  sub-contractors 

cities  of  4th    class,   to  constitute   single 

board   of   education,   election,   etc 

limit  of  amount  of  money,  may  borrow 

highway  to  be  established  to  every  school  building  in 546 

authorizing,   etc.,   to  operate  systems  of  public  recreation   and   playgrounds 548-51 

SCHOOL  ELECTIONS  : 

in  newly  organized  city  school  district,  who  qualified  voter  at 

annual,  in   districts  of   3rd  class  when   held 327 

SCHOOL  ELECTOR: 

who  qualified,  in  district  of  3rd   class 

SCHOOL  EXAMINERS:      (S'ee  county  board  of  school  examiners.) 

SCHOOL  FOR  THE  BLIND: 

superintendent   of  public  instruction  to  supervise  instruction   in 19 

SCHOOL  FOR  THE  DEAF  : 

superintendent  of  public  instruction   to  supervise  instruction   in 19 

SCHOOL  FUND  : 

general,   surplus  dog  tax  to  revert  to 405 

SCHOOLHOUSES  : 

.    when  certain  persons  not  liable  to  tax  for  building 37 

not   needed    may   be   sold 37,  45.  53 

building  committee  may   be  appointed 

districts  to  vote  tax  for  appendages  to 

district  to  direct  the  procuring  of,  sale  of 

when  land  not  to  be  taxed  for  building 

tax   for    repairing,    limited 

repairs  to,  who  to  make,  etc 

site  for,   to   be   purchased   or   leased 45,  53,  281,  305 

tax    for    building,    limited 45,  306 

board    to    procure 53,  305 

district  board  to  have  care  of,   etc '. 

when   open  or  closed  for  public  meetings 

director  to  provide  appendages  to 66 

limitation   of  indebtedness1  to  build 

bonds  may  be  issued  to  build 

board  of  education  may  acquire  sites  for.  .  : 

sale  of  tax   homestead  lands    for  sites 534 

plans    for,    when    approved    by    superintendent    of   public    instruction 539-4] 

factory  inspectors  may  order  fire  escapes  on 

township  board  to  establish  public  highway   to  every 

use  of,  as  community  or  recreation  center 552 

SCHOOL  INSPECTORS  : 

electors  qualified  to  vote  for,  how  governed 

election    of,    in    certain    cities 159-61 

SCHOOL  LOTS  : 

amount  of  tax  levied  in  city  school  district  for  purchase  of 177 

SCHOOL  MONEYS: 
(See  moneys.) 

SCHOOL  MONTH: 

of   what    to   consist 58 

SCHOOL  OFFICERS: 

district,    election    of 45 

not  to  be  interested   in  any  contract  with   district 145 

salaries  of,  not  affected  because  of  holidays 246 

county   commissioner   to    call   meetings   of,    of    county.  . 270-72 

SCHOOL  RECORDS : 

officers    having   charge   of,    to   furnish    facilities   for   examination 52 

SCHOOL  SITE  : 

in  citv  school  district,*  issue  of,   bonds   for  purchase  of .  .  .  178 

SCHOOL  TAXES : 

who  qualified  to  vote  on,  in  certain  cities 42 


INDEX.  205 


The   references   are   to   compiler's   sections. 

SCHOOL  TRUSTEES : 

election    of,   in   cities   of  4th    class 534 

SCHOOL  YEAR  : 

when    to    commence,    length    of 11,  39,  42 

SCHOOL  FOR  DEAF  : 

act    establishing   day    522-27 

SECRETARY : 

of  board  of  education  city  school  district  not  to  be  member 174 

school   district   of   3rd   class,   duty   in   election 336 

SECRETARY   OF   STATE: 

oath  of  deputy  superintendent  of  public  instruction  filed  with.  .  .  .  •. 20 

SECRET   SOCIETIES: 

abolishment    of,    in    public    schools,    etc 377-79 

SECTARIAN   SCHOOLS: 

not    to    receive    public    moneys 56,  353 

SERVICE  OF  PROCESS  : 

against  school  districts,  upon  whom  made 95 

SHERIFF  : 

to   remove   respondent   from   school   property Ill 

SIGNATURES : 

number  required  on   petition  nominating  member  district  board  of  education....  207 

SINGLE   SCHOOL  DISTRICT: 

cities   comprising,   who  qualified  electors   in    school   elections 42 

organization  of  township  into 273 

SITES   FOR   SCHOOLIIOUSES  : 

when    not   needed   may   be   sold 37.  53 

notice   of  meeting   to   change 41 

voters   to   direct   procuring   of 45 

lease    or    purchase    of 45,  53,  305 

issuance  of   bonds   for   purchase    of 90 

how    designated     102 

to   be   selected   by   a    two-thirds  vote 102 

proceedings   to   obtain    102-16 

compensation  for,  how  determined  in  certain  cases 107 

claims  against,    settled   by  circuit  judge 113 

in  city  school  district,  issue  of  bonds  for  purchase  of 178 

township  board  of  education  may  purchase,  etc 281,  482. 

board    of  education   to  estimate  amount  of  money   for 285 

sale  of  tax  homestead  lands  for 534 

SORORITIES  : 

abolishment   of.   in   public   schools,    etc 377-79 

SPECIAL   ELECTION  : 

school  district  of  3rd  class,  to  fill  vacancies  in  board 337 

SPECIAL  MEETINGS: 
(See  district  meetings.) 

STAR    SPANGLED  BANNER: 

applicant  for  eighth  grade  diploma  to  memorize  first  verse  of 247 

STATE  AID: 

rural   agricultural   school   entitled   to,   amount 506 

statement    of.    to    legislature 511 

STATE  BOARD  OF  AGRICULTURE: 

election    of,    powers    and    duties 9-10 

may   grant    teachers'   certificates 253 

duty  of,  to  co-operate  with  supervisors  in  agricultural  education 512 

secretary  of,  to  receive  funds  for  agricultural  extension  work 514 

STATE  BOARD  OF   CONTROL: 

for  vocational   education,   who   to  compose 517 

STATE  BOARD  OF  EDUCATION  : 

election    of,   term  of  office,   etc 8.  18 

to  grant  certificates  to  graduates  of  colleges 250 

may   refuse  to  accept    certain   diplomas 

power  of,  to  provide  for  care  of  blind  babies 366-70 

to    contract   with    institutions 367-68 

to   be  a  body  politic 407 

powers   and   duties   of 407 

regarding    state    normal    school 409, 417 

members  of,  not  to  act  as  agent 410 

to  grant  diplomas  to  graduates  of  state  normal   school 412-13 

to  make  report   to  legislature 

to  grant   state  certificates   to  teachers 

persons  desiring  to  teach,  with  whom  to  file  certificates  approved  by 424 

powers  and  duties  regarding  central  Michigan  normal   school 425-^,7 

powers  and  duties  regarding  northern   state  normal   school .       429-31 

to  procure  site  for  western  state  normal  school »oo 

to    have    control,    etc.,    of • 434 

to   prescribe   courses  of  study,   grant   diplomas,   etc.,   in   normal    schools 

president   of,   member   of   board   of   control   for  vocational   education o!7 

STATE  BOARD  OF  HEALTH: 

to  approve   text-books  regarding  communicable  diseases 

STATE   BOARD  OF   LIBRARY   COMMISSIONERS: 

duties    of    439>  446 

appointment  and  term  of  office  of 


296  INDEX. 


The  references  are  to  compiler's  sections. 

STATE    BOARD    OF    LIBRARY    COMMISSIONERS.— Con. 

who    to    constitute 445 

vacancies  in,   how    filled 445 

reports    of,    to    whom    made,    etc 446 

appropriation     for     448 

STATE  CERTIFICATES  : 

to  be  granted  to  graduates  of  certain  colleges 250 

when   granted  to  graduates  of  state  normal  school 412-13 

when  granted  by  state  board  of  education . 421 

STATE  DEPARTMENTS  : 

heads  of,  to  transmit  list  of  pamphlets  to  superintendent  of  public  instruction ....  452 

STATE  INSTITUTIONS  : 

maintenance   of 

certain,  to  be  under  supervision   of   superintendent  of  public   instruction 

heads  of,  to  transmit  list  of  pamphlets  to  superintendent  of  public  instruction.  .  .  .  452 

STATE  LANDS : 

interest  from  sale  of,  application  of 13 

STATEMENT  : 

of  state  aid  to  rural  agricultural   schools,  who  to  make 511 

STATE  NORMAL  SCHOOLS  : 

professional    instruction    in 400 

training    school    in 411 

diplomas  and  certificates  to  graduates  of 412-13 

an  act  to  change  the  name  of 428 

physical   training  to  be  taught   in 438 

STATE  PUBLIC  SCHOOL: 

superintendent  of  public   instruction   to  supervise  instruction   in 19 

STATE  TEACHERS'   INSTITUTE: 

to    be   held    annually 350 

expenses    of,    how   paid 351 

STATE   TREASURER: 

payment  of  transportation   of  indigent  deaf  children 362 

of  indigent   blind   children 

ex-officio   treasurer  of   teachers'    retirement   fund 

custodian   of  funds   for   vocational    education 

to  reimburse  district  maintaining  day  school  for  deaf. . .  . 524 

STUDENT : 

number  of,  to  establish   course  of  military  training 

minor  child  who  is,  not  permitted  in  saloon,  etc 375 

STUDIES  : 

to  be   prescribed 60 

SUB-CONTRACTORS  : 

act    insuring    payment    of 528-34 

SUITS  : 

may  be  brought  for  or  against  district 

prosecution,  etc.,  of,  by  or  against  district 

treasurer  to  appear  for  district  in 

on    treasurer's    bond 

when  moderator  may  appear  in,   for   district 

jurisdiction   of  justices  in    95 

and   judgments    against    district 95-101 

summons   in,    served    on    treasurer ;  .  . 

not  brought  to    collect   judgment - 97 

(See  actions,  judgments  and  proceedings.) 

SUPERINTENDENT  OF  COUNTY  SCHOOLS  OF  AGRICULTURE.  ETC.: 

who  eligible  as 492 

SUPERINTENDENT   OF   PUBLIC   INSTRUCTION: 

constitutional    provisions    relative    to '. 4 

election   and   term   of   office   of 18 

residence,  qualifications,  duties,  etc 19 

to  direct  supervision  of  county  normal  training  classes 19 

to   have   general   supervision    of   public    instruction 19 

make    annual    reports    to    legislature 19 

visit   state  institutions,    etc 19 

may  request  removal  of  county  commissioner  of  schools 19 

appoint  a  deputy  and   assistant 20 

to  prescribe  duties   of  assistant 20 

to  prepare  list  of  library  books 

to  prepare  and  print  general  course  of  study 

to  prepare  rules  for  management  of  libraries 21 

duties  relative  to   apportionment  of  primary  school  moneys 22.  24 

to  deliver  books,   etc.,   to  successor 25 

duties  relative  to  school  census 67 

when  board  of  education  to  make  triplicate  reports  to 72 

reports   to,   relative   to   libraries 133-34 

to  forward  statement  of  library  money  to  districts 135 

may   grant  kindergarten,   drawing,    etc.,    certificates 235-36 

copies  of  school  text-books  and  dealers'  bond  to   be  filed  with 217 

special  editions  of  text-books  to  be  filed  with 217 

to  send  copies  of  text-book  lists  to  school  authorities ' 219 

duty    of,   as  to  violations   of  text-book   act 220 

when  may  suspend  right  to  sell  text-books 220 


INDEX.  297 


The  references  are  to  compiler's  sections. 

SUPERINTENDENT    OP    PUBLIC    INSTRUCTION. — Con. 

when  to  declare  bond  forfeited 220 

board  of  education  subject  to  removal  by,  upon  failure  to  establish  course  of  mili- 
tary   training    241 

incorporated  academies  to  report  to 

forms  of  teachers'  certificates  to  be  prepared  by 

questions  for  examinations  of  teachers  to  be  prepared  by 

to  send  examination  questions  to  examining  officers 

prescribe  form  of  rules  for   boards  of  school  examiners 261 

to  appoint  assistant  conductor  of  institutes 263 

annual  reports  of  county  commissioner  to  be  made  to 263 

to  assist  county  commissioner  at  county  meeting  of  school  officers 272 

when,   may   remove   school    trustee   from   office 295 

appeals  to,  in  actions  relative  to  school  districts 297 

annual  county  teachers'  institutes  to  be  held  by 347 

may  appoint  conductors  of  teachers'  institutes 

when,  may  draw  on  state  treasurer  for  aid  to  teachers'  institutes 350 

expenses  for  state  institutes,   how  drawn  by 351 

establishment  of  bureau  of  information  in  office  of • 

a  member  of  teachers'   retirement   fund  board 

may  prepare  certain  courses  of  study,  etc .  449 

who    to    distribute    report    of 

to  prescribe  forms  for  publication   and  distribution   of  report.  .  * 449-51 

and  secretary  public  domain  commission  to  select  pamphlets  sent  to  school  districts  452-53 

to  approve  course  of   study  for  rural  high   schools 457 

board  of  trustees  of  rural  high  schools  to  make  certain  report  to 

when  may  grant  permission   to  establish  county  normal  training   classes 

to  be  member   of  county   normal   board 474 

to  prescribe  form  of  certificate  of  graduation  from  county  normal  training  classes  475 

to  have  general  supervision  of  county  schools  of  agriculture,  etc 492 

to  approve  schools  before  placed  upon   approved  list '. 

notice  to,  when  in  favor  of  establishing  rural  agricultural  school 

to  approve  plans   for  rural    agricultural   school   buildings 500 

to  endorse   certificates  of  teachers  in 

notice   to,   when    school   established 507 

to   cause   inspection   of '•  •  508 

duty  of,  relative  to  establishment  of  day  schools  for  deaf 512-26 

member  of  state  board  of  control  for  vocational  education . 517 

may    condemn    schoolhouses ir«i?5T 

when  to  approve  plans  for  school   buildings VIn 

when    may    close    schoolhouses 5*0 

to  approve  course  of  study  in  certain  institutions &4 « 

SUPERINTENDENT  OF  SCHOOLS: 

powers  and  duties  of,  in  graded  school  districts 1^ 

city   school   district,   election   of.   etc i°J{ 

duty  of,  as  to  violations  of  text-book  act **y 

in   township  districts,   by  whom  employed £»£ 

when  president  of  board  of  education  to  perform  duties  of £02 

duty   of,   as  to  truants •{«> ' 

permit  of,  for  employment  of  children rf ' b 

SUPERVISORS :  _„ 

map  of  township  to  be  filed  with ' » 

township  clerk  to  certify  taxes  to «*•  «j«j> 

to   assess    school    taxes ' ' »  ^"° 

to  assess  one-mill  tax '  * 

equalization  of  taxes  by °" 

certifying  and  levying  taxes  in  fractional  districts  by »y 

to  deliver  warrant  for  collection  of  taxes  to  township   treasurer. »i 

to  assess  judgment  against  school  district *"£ 

liability  for  not  assessing  taxes 

(See  taxes.) 

SURETY  BONDS:  . 

payment  of  premium   on *»>  *  J  < 

treasurer   may   furnish    • " L>  ^i  t 

SURPLUS  OF  DOG  TAX  :                                                                                                         - 
how    disposed    of    •. 

SUSPENSION :  R9 

of  pupils  from  school "^ 

of    teachers'    certificates • £«£ 

of   pupils   organizing   fraternity,    etc 

SYSTEM   OF  HUMANE  EDUCATION  : 

act   to   provide    ^Z8~' 

T. 

TAXABLE   INHABITANTS: 

duties  in  relation  to  formation  of  district 2  < 

penalty   for   neglect   of   duty 

TAXATION  : 

constitutional   provisions   relative  to l-~ 

exemption   of   school   bonds   from o42 

how  surplus  of  one-mill,  may  be  applied 


298  INDEX. 


The  references  are  to  compiler's  sections. 

TAXES. — Con. 

non-taxpayers  not  to  vote  on  question  involving 42 


for    repairs    to    sehoolhouse 

for  building  sehoolhouse   or  purchasing  site.  .  . 

for  apparatus,  etc.,  for  sehoolhouse 

limit  of,  for  certain   purposes 

amount  of,  for  services  of  district  officers.  . 


45 

45 

45 

45,  306 

54 

for   incidental    expenses 54 

limit  of,  for  support  of   school 54 

estimated   and   reported   by   district  board • 54,  306 

report  of.  by  board  to  township  clerk 55 

money  raised  by,  not  to  be  diverted 56 

for  books   for  indigent  children 61 

assessed    on    division    of    district : 74 

when   reported   to   supervisor 74.  306 

apportionment    of.    when    collected 76 

failing  to  be  assessed,  to  be  levied  the  next  year 77 

supervisor    to    assess 77,78.  306 

assessment   of    77-79 

duties  of  township  treasurer  relative  to  collection  of 77.  82 

assessment,   collection   and  disposition   of 

in  township  before  any  school  is   maintained 

on    old   district   for  new 79 

certifying  of.  in  fractional  districts 80" 

equalization    of    80 

warrant  for  collection  of 81 

apportionment  of.  when   district  is  divided 83.  313 

for  school  purposes  to  be  paid  next  to  township  expenses 84 

when    township    treasurer    to   pay    out    certain 86,  308 

may  be  raised  t°  Pay  borrowed  money 92 

per  capita,  to  pay  school    expenses,  etc 94 

judgments    against    districts 101 

when   credited   on   tuition   of  non-resident  pupils 

for    support    of    libraries 

liability   of   supervisors   for   not   assessing 

for  maintenance  of   county  library,   amount,  etc 155 

for  teachers'  wages,  etc.,  board   of  education   to  vote 

township  school  district,    report   of 

amount   of.   how   determined,    etc 

school,  to  be  kept  in   separate  column  on  assessment  roll 

school,  to  be  in  separate  column 307 

for  care,  etc..  of  blind  babies 369 

disposition    of    surplus    dog 405 

board  of  education  to  vote,  for  payment  of  tuition,  etc.,  of  eighth  grade  pupils.  .  464 

TAX   HOMESTEAD  LANDS: 

sale    of,    for    sites    for    schoolhouses 538 

TEACHERS : 

payment   of,   from   primary    school   interest   fund 11 

public  moneys  not  to  be  paid  to,  not  holding  certificates 56 

to    keep    school    register 

to  be  furnished  with  eopy  of  contract 58 

contracts    with 58,  122.  305 

employment    of    58,  122.  305 

to  file  certificate  of  instruction  in  physiology,  etc..  with  director 

districts  employing  unqualified,   deprived  of  primary   money 

not   to  act  as  agent    for   school   books,   etc 

to  certify  to  humane  education  in  school 230^ 

qualifications    of    232 

act  to  define  qualifications  of  certain 235-37 

to  give  instruction  regarding  prevention  of   communicable  diseases 

salaries  of,   not    affected   because  of  holidays 246 

when  to  have  Declaration  of  Independence  read 

who  to  give,  certificate  to  graduates  of  certain  colleges 250.  252 

examination  of.  by  county  board  of  school  examiners 259,  260 

certificates  given  to,  by  county  board  of  school  examiners 

grades   of,    certificates 

revocation    or  '  suspension    of    certificates 262,  413,  42 

records  of.  certificates  to  be  kept 263 

list  of.  to  be  furnished  township  clerk 

school  district  to  employ  legally  qualified 

in  township  school  districts,  by  whom  hired,    contracts,  etc 

fees,  to  pay  on  obtaining  certificates 

may  close  school  to  attend  institutes 

registration    of,    desiring    employment 

duty  of,   as  to   truants ; 

duty  of,   in  reporting  fraternities,   sororities,   etc 

contributions    of,    to    retirement    fund 

when  entitled  to  annuity 

school,   what   deemed 

certificates  given  to  certain  pupils  of  state  normal   school , 412-13 

state  board  of  education  to  grant  certain   certificates 

examination   of,   by   state   board   of  education 


INDEX.  299 


The  references  are  to  compiler's  sections. 

TEACHERS. — Con. 

with    whom    to    file    certain    certificates 

who    to   appoint,    for    rural    high    schools 457 

to  make    monthly   report   regarding  children   of  indigent   parents 

how  qualified  by  certificates  of  county  normal  training  classes 476 

how   provided    for    477 

employment  of,  in   day    schools  for  deaf 526 

TEACHERS'  ASSOCIATIONS  : 

formation    and   incorporation    of 380-82 

principal   in   rural    agricultural   school  to  have 504-05 

TEACHERS'    INSTITUTES  : 

superintendent   of  public  instruction   to   appoint    instructors,   etc 

funds   for   support   of,    how   raised 345-46 

annual,   to   be   held   in    each   county 347 

counties    may    be    united    in 347 

teachers  may  close   school  to  attend 348 

conductor    of,    may    be    appointed 

expenses  of,  how  paid 349 

state  treasurer  to  aid 350 

slat.',    to    bo    bold   annually 351 

expenses    of.    how    paid 351 

expense    vouchers    for,    where    filed 352 

who   may   publish   outlines   for 449 

TEACHERS'    RETIREMENT    FUND: 

act     providing 383-96 

TEACHERS'  RETIREMENT  FUND  BOARD: 

who  to  compose,  duties,  etc 383-89 

secretary   of.    salary,    etc 384 

TEACHERS'  WAGES  : 

when   primary  school  fund   insufficient  to  pay 

not   affected    because    of    holidays 246 

TEACHERS'   WAGES  FUND: 

primary    money    to    be    accounted  'for    under 

in    township   school   district,   tax   for 281 

TERM  OF  OFFICE  : 

of    state    officers 4-9 

district    officers     46,  120,  295 

of   members    of   certain    city    boards   of    education . 159,  167 

members   of   board    of   school"  examiners 256 

of  members  of  board  of  education,  district  of   3rd   class 336 

board   of  trustees  of   rural  high   schools 

of  trustees   in   cities   of  fourth   class •  •  •  •  532 

TERRITORIAL  LIMITS  : 

of  school   district,  increase  or  decrease  of 

TEXT-BOOKS  : 

by    whom    prescribed 

not  to  be  changed  within  period  of  five  years •  •  GO 

on   physiology,   etc.,   by  whom   approved 60,  238,  422 

use  of,  relative  to  nature  and  effects  of  alcoholic  drinks 60,  281 

to  be  approved  by  state  board  of  education 60,  281 

to  be  furnished  to  indigent  children »J 

district  board  to  purchase,  when  authorized 01  •> 

when  to  be  property  of  district 212 

when   proposals   for,   advertised n\n- 

who  to  make   contract  for  furnishing    • 

who  to  estimate  amount  necessary  to  purchase *£* 

Avhen  district  board  to  purchase 215>  ^« 

penalty  for  failure   of  district  board  to  comply  with   law 2 ib 

regulation    of    sale    of 01  £ 

conditions    of    sale    of • •  **,L 

filing    of    copies    of a}' 

statement  of  price  list  of • r|' 

bond  to  be  filed  by  dealer  in Z1  »•*§ 

abridged   or    special    editions   of **« 

combinations    in,    prohibited •  ~| ' 

copy  of  list  of,   to  be  sent  to  school  authorities "» 

illegal  inducements  to  sale  of -f *** 

sample  copies  of   ~i 

illegal     charges     for ooool 

purchase  and  sale   of,  by  districts * OOR 

resale   of.    on    removal    from    district ~~y 

in    township    school    districts,    board    of    education    to   select 

when   question   of   free,   submitted   to   voters 

when,   furnished   free    of   charge 

TOWNSHIP  BOARD  : 

may  divide   township  into  school   districts 26 

school   districts  to   be  numbered  by -  26 

may    alter    boundaries    of    districts 2t>,  34,  18o 

clerk   of.   to  notify   taxable   inhabitants   of   formation   of   district 27 

duties   of.   in   forming    fractional    districts 29 

notice  and  number  of  meetings 33,  303 

mav  attach   certain   non-residents   to   districts 35 


3-90  INDEX. 


The  references  are  to  compiler's  sections. 

TOWNSHIP  BOARD.— Con. 

clerk  of,  to  notify  directors  of  alteration  in  districts 36 

to  determine  tax  on  division  of  district 37 

to  apportion   property  on  division  of  district 37,  38,  313 

when    may    appoint    district    officers 47, 48,  121 

when  may   sell   schoolhouse  site 55 

director   to    report   to "  69 

records  of,   where  kept 72 

library   money   subject   to    order  of 84,  305 

on   determining  site,   to   certify   to  directors 102 

when  to  determine  schoolhouse  site 102,  305 

appeal    from    action   of 117-19 

restricted   in  altering  boundaries  of  graded  school  districts 124 

may  dispose  of  library  or  merge  into  free  public  library 126 

duties    of,    concerning    libraries 126-38 

to  purchase  books  for  township   library 128.  305 

to    apply   for   library    moneys 128,  305 

to  have  care  of  township  library 129 

when  to  issue  bonds  for  free  public  libraries 149 

when    may    consolidate    school    districts 186 

examination  of  reports  of,  by  county  commissioner  of  schools 263 

township  school  district,   meeting  of,   relative  to  organization 273 

when    to   divide    property    between    fractional    districts 274 

city  districts,  boundaries,  authority  to  change 314 

when   may   submit   question    of   rural    high    schools 454 

may  order  election  of  trustees  of   rural   high   schools 456 

to  establish   highway   to  every  school  building 546 

TOWNSHIP  CLERK: 

notice  of  formation  of  new  district  to  be  given   by .  .  .  , 27,  28,  298 

to  give  notice   of  meeting  of  township  board 33 

to   notify   director   of   alteration   in    district 36 

director  to  make  annual   report   to 

to  receive  and   dispose   of  communications 

to  make  triplicate  reports  of  school  districts,  etc 

to  perform  services  required  by  superintendent  of  public  instruction 

duty  of,  in  distribution  of  primary  money 72 

duties    of    72, 301 

records,  reports,  books,   etc.,  to  be  kept  on  file  by 72,  309 

map  of  township  to  be  filed  by,  with   supervisor 

to  report  taxes  to  supervisor 74.  303 

to  apportion   moneys  to  district 75-76 

to  give  notice  to  director  of  moneys  apportioned 76 

to    apportion   one-mill   tax 

duty  of,  in  appeals  from  township  board 

to  represent  township  in  legal  action  relative  to  libraries 126 

report  of,  to  superintendent  of  public  Instruction   relative  to  libraries 133-34 

liability  for  neglect  in  transmitting  reports 

liability  for  not  reporting  taxes  to  supervisor 

list  of  teachers  to  be  furnished  to 263,  309 

township   school   district,   duty   relative    to   organization   of 273,275,  278 

boundaries  of  city  districts,  map  showing  change  in,    filed  with 

to  draw   books   for    township   officers 

to  be  clerk  of  board   of  trustees  of  rural  high   schools 

tax  for  payment  of  tuition  and  transportation  of  pupils  to   be  reported  to 465 

TOWNSHIP  DISTRICT  : 

organization    of     298-313 

officers    of,    board 

time  and  place  of  meeting  of,  board 301-0! 

board,    duties    of 

amount  of  tax  voted   for 

report  of,  board 

disposition   of  property 

compensation    of,    board 

division    of     

TOWNSHIP   SCHOOL   DISTRICT: 

board  of  education  to  have  charge  of  library  in 

when  township  board  may  divide,   etc.,  boundaries  of 

relative   to   organization    of 

trustees  in,  election  of 

board  of  trustees  for,  term  of  office  of,  etc 

when,  altered  by  annexation  to  another  township 

when  electors  aggrieved  by  formation  of 

TOWNSHIPS  : 

authorizing,    etc.,    to   operate    systems    of   public    recreation    and    playgrounds....       548-ol 

TOWNSHIP   TREASURER  : 

warrants  on,  by  whom   signed ; 65,  6€ 

to  apply  to  county  treasurer  for  moneys 

to  give  notice  of  moneys  to  township  clerk 85,  8( 

when    to    take   duplicate    receipts 

to  draw  warrant   for  collection   of  taxes 89,  90 

duties  relative  to  taxes  in  fractional  districts 90,  94 

to  pay  school  taxes  next  to  township  expenses 


INDEX.  301 


The  references  are  to  compiler's  sections. 

TOWNSHIP  TREASURER. — Con. 

to  hold  moneys  subject  te  proper  orders  and   warrants 92.  305 

library   moneys   to   be   paid   by,    to  inspectors 128  301  305 

to   recover    penalties,    etc..    from    certain    officers ..]-,    . '  141'  143 

in    township    school    districts,    duty    of :..-..  '  277 

to  be  treasurer  of  board  of  trustees  of  rural  high  schools .....  456 

TOWNSHIP  UNIT  DISTRICTS  : 

organization    of     273 

in   U.  P.,  appointment  of  truant  officers  in 356 

TRADE,  ETC.,  SCHOOLS  : 

school   district   may   establish,   etc 480  482 

TRAINING   CLASSES: 

(See  county  normal  training  classes.) 

TRAINING   SCHOOL: 

in   connection  with   state  normal  school 411 

TRANSPORTATION  : 

providing  for,  of  eighth  grade  pupils 45,  464 

of  pupils  to  and  from  rural  agricultural  schools 501 

TREASURER : 

of   board   of   education,   district   of   3rd   class,    duties 339 

TREASURER  OF  DISTRICT: 

acceptance     of    office 50.  121 

to    be   member   of   district    board '    51 

when    and   how,    may    be   removed 52 

and  moderator  to  audit  director's  accounts 66 

to  make  certain  report  to  district  board 71 

to  pay  orders  legally  drawn,   from  proper  fund 71 

bond   required   of 71 

deposit  of  moneys   by 71 

to  appear  for  district  in   suits 71 

money  paid  to,  from  old  district 75 

summons  to  be  served  on,  in  suits  against  district 96 

to  certify  judgment  against  district  to  supervisor. 98-100 

penalty    for    neglecting    duties 140 

may  collect  damages  from  certain  officers 144 

of  board  of  education  in  township  school  districts,  duties,   etc 284,  292 

(See  district  board,  and  moneys.) 

TRESPASS  ON  THE  CASE  : 

against  school  district,  justices  of  the  peace  to  have  jurisdiction  in  cases  of.  ...  95 

TRUANT  OFFICERS  : 

how    appointed     356 

compensation  of 356 

to  enforce  compulsory  education  laws 357 

duty  of,  to  examine  into  cases  of  truancy 357-58 

to  warn  truants  and  their  parents  or  guardians 357 

to   make    complaint   in   truancy   cases 358 

to  enforce  act  relative  to  education  of  blind  children 366 

to  investigate  where  children  unable  to  attend  school 469-72 

monthly  report  made  by,  relative  to  children  of  indigent  parents 471 

TRUANTS : 

ungraded   schools   to   be  provided   for 264 

to  be  tried  by  justice  or  recorder 358,  372 

who    deemed 365,  371 

when  sent   to  reformatory  institutions 372 

TRUSTEES : 

(See  board  of  trustees.) 

TUITION  : 

payment  of,  when  pupils  attend  school  in  another  district 45 

of    non-resident    pupils 64,  122 

may  be  charged  for  studies  in  high  schools 122 

in    township    school   districts,    of   non-resident   pupils 

'   payment  of,   of   eighth    grade  pupils 464-67 

in    another    district 468 

U. 
UNGRADED  SCHOOLS: 

may  be  established   in   graded  school   districts 

juvenile   disorderly   persons   to   be   sent   to 360 

UNION   SCHOOL  DISTRICT: 

(See  graded  school  district.) 
UNITED   STATES  : 

act  giving  assent  to  grant  of  moneys  from,  for  co-operative  agricultural  extension 

work 513-14 

UNITED  STATES  FLAG  : 

purchase    of     245 

UNIT   SCHOOL  DISTRICT: 

when    township   organized    into 273 

UNIVERSITY  : 

constitutional    provisions    relative    to 5-7,  12 

superintendent  of  public  instruction  to  supervise  instruction  in 19 

regents   of,   may  grant  certain   certificates 249 

president  of,  member  of  board  of  control  for  vocational  education 517 


302  INDEX. 


The  references  are  to  compiler's  sections. 

UPPER  PENINSULA  : 

appointment    of    truant    officers    in 356 

V. 
VACANCY : 

how   filled   in    district   offices 47-48 

in   board  of  trustees  of  graded    school  district 121 

how  filled  in  board  of  school  examiners 256 

in  office  of  county  commissioner  of  schools 266 

township  school   districts,   in   office   of    trustee 271 

in  board  of  trustees  of   township  school   district 302 

in    board    of   library    commissioners 445 

(See  appointment.) 

VACATION    PERMITS: 

issue  of,  for   employment  of  children 376 

VARIETY  THEATERS : 

children  not  permitted  in,  etc 375 

VEHICLES : 

for  transportation  of  pupils  to  and  from  rural  agricultural  schools 501 

VENIRE: 

in  proceedings  to  obtain  site .    104.  106 

VILLAGE  COUNCIL  : 

when   may   issue   bonds   for   free   public   libraries 149 

VILLAGES : 

authorizing,  etc.,  to  operate  systems  of  public  recreation    and  playgrounds 548-51 

VISITATION  : 

and  examination  of  schools 263.  265 

VOCATIONAL  EDUCATION  : 

state  board  of  control  for,,  who  to  compose 

to  co-operate   with  federal   board 517 

VOTERS : 

who    are    qualified 42,  275 

challenge    of 

powers    of    '. ». .        45.  90 

registration   of,    in    school    districts 303,  305 

qualifications  of,   in   cities   of  4th   class 

(See  district  meetings.) 

VOTES : 

cast  by  women  at  school  elections  in   certain  cities,  to  be  returned  separately.  ...  42 

VOTING  PRECINCTS: 

division   of    school   district  of   3rd   class   into 331 

VOUCHERS : 

for    expenditures    for    treasurer 

for  payments  at  teachers'   institutes 

W. 
WAGES : 

of  school   teachers  not  affected   because   of  holidays 246 

WARDS : 

school  census  to  be  taken  by.  in  certain  cities -. 67 

WARRANTS : 

oa  state  treasurer  for  primary  school   interest  fund 22 

on    township    treasurer .- 65-66,  84.  301 

to  township  treasurer  for   collection  of  taxes. 81-82 

for  moneys  used  in  township  school  districts.  \vho  to  draw,  etc 283 

WASHINGTON'S  BIRTHDAY  : 

observance   of,    by   public   schools 246 

WTATER  SUPPLY: 

district   to  vote  amount  of   money  for 

district   board   to  furnish 59 

WESTERN   STATE  NORMAL  SCHOOL: 

act   to   establish    

certain  department  to  be  maintained  at 437 

WITNESSES  : 

in   proceedings   to  obtain   site .. 

summoning  of,   in  cases  where  teacher  is  accused 262 

WOMEN : 

who  qualified  to  vote  at  school   elections  in  certain  cities 

registered   in    separate   register 

qualified  as  voters  at  district  meeting 42,  275 

eligible   to  election    as  district    officers 49,  275 

WORK  PERMITS  : 

who   to    issue,   to  children 376 

Y. 
YEAR.    SCHOOL: 

when    to   commence,    length   of 11,  39,  42 


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